Al Ghban; Secretary, Department of Social Services and (Social services second review)

This matter concerned an application for a stay of a decision made by the Administrative Appeals Tribunal (AAT) in a social services review context. The applicant, Al Ghban, sought to stay a decision of the AAT which had set aside an earlier decision under review. The respondent was the Secretary of the Department of Social Services.

The primary legal issue before the Tribunal was whether it had the power to grant a stay of its own decision to set aside a previous decision, pending further proceedings or appeals. The Tribunal was required to consider the scope of its powers under the relevant legislation and the principles governing the grant of interlocutory relief in administrative law matters.

The Tribunal considered the nature of its power to set aside a decision and the implications of such an action. It reasoned that once a decision had been set aside, the original decision was no longer in effect. Consequently, the Tribunal concluded that it did not possess the power to stay its own decision to set aside a previous determination, as there was no operative decision to stay. The Tribunal's power to grant a stay typically relates to decisions that are still in force and are the subject of further review or appeal.

The application for a stay was therefore refused.