Zapirain v Minister for the Environment, Heritage and the Arts.

Ms Ashleigh Zapirain has owned fourteen Galahs (Cacatua roseicapalla) and six Rosellas (Platycercus eximius) (the birds) since about 2001. The birds are family pets. In April or May 2008, Ms Zapirain and her family moved back to the United Kingdom from Australia because of Ms Zapirain's ill health. On 30 August 2007 Ms Zapirain had applied to the Minister for the Environment, Heritage and the Arts (the Minister) for a permit under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) to export the birds to the United Kingdom. On 14 November 2007 the Minister’s delegate refused to grant a permit, and Ms Zapirain has applied for the review of that decision. The Tribunal found there was no evidence relating to the birds' health or welfare to support a conclusion that special circumstances existed, and affirmed the decision to refuse a permit.