Ezekeil v Registrar of Births, Deaths and Marriages [2011] NSWADT 137

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Ezekeil v Registrar of Births, Deaths and Marriages [2011] NSWADT 137 Hearing dates: 21 April 2011 Decision date: 21 April 2011 Jurisdiction: General Division Before: P. H. Molony, Judicial Member Decision: The decision of the Registrar to refuse Mr Ezekiel's fourth application to change the name registered on his birth certificate is affirmed Catchwords: Births, Deaths and Marriage Registration - change of registered name on birth certificate Legislation Cited: Births, Deaths and Marriages Registration Act 1995 Category: Principal judgment Parties: Desidr Ezekeil (also called Sagosi Ezekiel Eli) - Applicant Registrar of Births, Deaths and Marriages - Respondent Representation: Applicant - in person Respondent - K Sanders, Crown Solicitors Office File Number(s): 113041

REasons for decision

Introduction 1Mr Ezekiel has applied to review a decision of the Registrar of the Registry of Births, Deaths and Marriages (the agency) to refuse his application to register a change of name on his birth certificate from Sagosi Ezekiel Eli to Desidr Ezekeil (Mr Ezekiel). That decision was affirmed on internal review on 7 February 2011. 2Essentially, the request was refused on the basis that this was Mr Ezekiel's fourth request for a change of the name on his birth certificate, and, in those circumstances, the agency was not satisfied that the proposed change warranted registration. Mr Ezekiel's previous changes of name were registered - * In NSW on 15 February 2005 to Melchizedek Ezekiel. * In Western Australia on 14 August 2007 to Desidr Ezekeil. * In NSW on 16 December 2009 to Sagosi Ezekiel Eli. 3Mr Ezekiel filed an application to review that decision with the Tribunal on 17 February 2011. Section 56 of the Births, Deaths and Marriages Registration Act 1995 provides a right to seek such a review from the Tribunal. When read with s 38 of the Administrative Decisions Tribunal Act 1997 it confers jurisdiction on the Tribunal to hear and determine Mr Ezekiel's review application. 4The matter came before me for hearing on 21 April 201. Mr Ezekiel was self-represented. Ms Saunders represented the agency. At the conclusion of the hearing I explained to Mr Ezekiel as simply as possible that I was not satisfied that this proposed change of name warranted registration, and affirmed the agency's decision. 5I have since been asked to provide reasons in writing for that decision in accordance with s 89 of the Administrative Decisions Tribunal Act 1997 . These are those reasons.