WLSX and Secretary, Department of Home Affairs

The Administrative Appeals Tribunal considered a dispute between WLSX (the applicant) and the Secretary, Department of Home Affairs (the respondent), concerning the amendment of the applicant's date of birth in departmental records. The applicant sought to have his date of birth amended, but the respondent had refused this request, asserting that the existing record was correct.

The primary legal issues before the Tribunal were whether the respondent had discharged its onus under section 61 of the relevant Act to demonstrate that its records were correct, and whether an adverse decision should be made against the applicant. This involved determining the applicant's true date of birth, considering the conflicting documentary evidence presented, and assessing whether an amendment to the "most correct approximation" was appropriate.

The Tribunal examined a range of documentary evidence, including statutory declarations from the applicant's parents and legal guardian, his Ghanaian passport, a sponsorship for migration form, a radiological report, and various applications and letters from the applicant and his father. While some documents indicated a birth date in 1979, others, including a birth certificate dated 17 January 2011, supported a birth date of 11 September 1983. The Tribunal noted that the applicant had previously confirmed his date of birth as 19 June 1979 and stated he would not pursue further amendments, but later lodged a new application for change. Ultimately, the Tribunal found that the respondent had not clearly demonstrated that its records were correct.

Consequently, the Tribunal set aside the decision under review and substituted a new decision. The Tribunal ordered that the applicant's personal details be amended pursuant to section 50(1) of the *Freedom of Information Act 1982* to record his date of birth as 11 September 1983.