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International Law

: Open and Shut

Born 00/00/1988-what's not correct about that?

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On the topic of self represented litigants, you like to see a winner like 18 year old Majur Sufara Ndonya, born in Sudan and a settled refugee in Australia after years in a camp in Kenya, who took the Minister for Immigration to the Administrative Appeals Tribunal after the Department refused his Freedom of Information application to amend records of his name and birthdate which he claimed were incorrectly recorded. The respondent submitted that, on the balance of probabilities, the information in the records including a date of birth 00/00/1988 was correct. While there was evidence of confusion about the details, there was no doubt about the significance of it all for the applicant:

"Mr Ndonya feels strongly that he is disadvantaged by circumstances beyond his control. When he came to Australia he was put into a class at school on the basis of his incorrect age; he struggled because he was actually several years younger and he eventually dropped out of school; he is currently completing his year 12 studies. He says that going by his current name and date of birth depresses him and reminds him every day of the situation he left behind in Sudan. He has been laughed at on occasions such as on public transport when he has had to produce identity documentation showing his date of birth as 00/00/1988. He believes his career, social and emotional future will be adversely affected. He wants his correct name, to reflect that he is Christian. Although some agencies recognise him by his correct name and date of birth, he says the respondent?s records remain the official source of his identity in this country and he is aggrieved especially by the certificate of citizenship which is the public proof of his identity."[40]

Good luck with the studies Emmanuel Kot Job, born 12 September 1991. Put this decision in your CV, it says a lot about your character as a new Australian citizen.

Full post as published by Open and Shut on December 10, 2009 (boomark / email).