Alkhalil and Secretary, Department of Social Services (Social services second review)

Case

[2021] AATA 481

11 March 2021


Details
AGLC Case Decision Date
Alkhalil and Secretary, Department of Social Services (Social services second review) [2021] AATA 481 [2021] AATA 481 11 March 2021

CaseChat Overview and Summary

This matter concerned an application for an extension of time by the Applicant, Mr Alkhalil, to seek a review of a decision by the Secretary of the Department of Social Services to cancel his disability support payment. The application was heard by Chris Puplick AM, Senior Member.

The primary legal issue before the Tribunal was whether to grant the Applicant an extension of time to lodge an application for review. This required the Tribunal to consider the length of the delay and the Applicant's prospects of success in the substantive review.

The Tribunal noted that the cancellation of the disability support payment was based on the portability provisions of the *Social Security Act 1991* (Cth), which appeared to have been applied correctly. Consequently, the Tribunal considered it would be challenging for the Applicant to succeed in a review of the cancellation decision.

The application for an extension of time was refused.
Details

Areas of Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Procedural Fairness

  • Standing

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