Aldefeary v Secretary, Department of Education, Employment and Workplace Relations

Aldefeary brought an application for judicial review of a decision of the Administrative Appeals Tribunal (AAT) which refused his application for an extension of time to file an application for review of the Social Security Appeals Tribunal (SSAT). The SSAT had affirmed a decision by Centrelink to raise and recover a debt of $50,334.74 arising from overpayment of Newstart Allowance. The SSAT's decision had earlier been upheld by the AAT.

The primary issue for the court was whether the AAT had committed any reviewable error in refusing to grant the applicant an extension of time to seek review of the SSAT's decision. The court considered two grounds of application advanced by the applicant, namely that he was unable to understand proper English and was not able to read letters sent to him, and that he was a pensioner and did not have a job and could not pay debt quickly. The court held that neither ground disclosed a reviewable error of law. The court also found that there was no error in the AAT's decision as it had considered the relevant principles and afforded the applicant procedural fairness. The AAT had also considered all reasons provided by the applicant for his delay in lodging an application for review.

The court dismissed the application for judicial review and ordered the applicant to pay the respondent's costs. The applicant's application for an extension of time to seek review of the SSAT's decision was refused and the SSAT's decision upholding the Centrelink decision to raise and recover the debt was affirmed.