Li v Registrar of Births, Deaths and Marriages [2025] NSWCATAD 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Li v Registrar of Births, Deaths and Marriages [2025] NSWCATAD 6 Hearing dates: 17 December 2024 Date of orders: 10 January 2025 Decision date: 10 January 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof. G D Walker, Senior Member Decision: (1) Decision under review set aside; (2) A birth certificate is to be issued recording that Tiana Wu was born on 11 December 2011 at Hurstville, New South Wales; and (3) A birth certificate is to be issued recording that Jasper Wu was born on 20 June 2019 at Yagoona, New South Wales. Catchwords: BIRTHS DEATHS AND MARRIAGES – births – refusal of registration – lack of witnesses or contemporaneous documents – other evidence. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Births, Deaths and Marriages Registration Act 1995 (NSW) Births, Deaths and Marriages Registration Regulation 2017 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 316; Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 42; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; McDonald v Director-General of Social Security [1984] FCA 57, (1984) 1 FCR 354; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10; Sterjovski v Director-General, Department of Transport [2002] NSWADT 1. Texts Cited: None cited Category: Principal judgment Parties: Wen Li (Applicant) Registrar of Births, Deaths and Marriages (Respondent) Representation: Counsel: C Chiam (Respondent)