Afchal v Registrar of Births, Deaths and Marriages [2021] NSWCATAD 24

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Afchal v Registrar of Births, Deaths and Marriages [2021] NSWCATAD 24 Hearing dates: 14 December 2020 Date of orders: 5 February 2021 Decision date: 05 February 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S E Frost, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – births, deaths and marriages – birth records for minor children of the applicants – applicants change their own name several years after registration of children's births – surname of applicants' children is changed to follow that of the father – applicants seek alteration of children's birth records to show 'mother' and 'father' under their changed names – whether Registrar has the power to alter these particulars – whether a birth record is a 'snapshot' or can change over time to reflect changed circumstances Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Births, Deaths and Marriages Registration Act 1995 Births, Deaths and Marriages Registration Regulation 2017 Cases Cited: None cited Texts Cited: None cited Category: Principal judgment Parties: Sahar Afchal (First Applicant) Nafez El Masri (Second Applicant) Registrar of Births, Deaths and Marriages (Respondent) Representation: Solicitors: First Applicant (Self-Represented) Department of Customer Services (Respondent) File Number(s): 2020/00268381 Publication restriction: Nil