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

This matter concerned an appeal by Ms Allen against a decision of the Secretary of the Department of Social Services. Ms Allen sought to be released from an Assurance of Support (AoS) before the expiry of its ten-year term. The AoS was provided by her parents.

The primary legal issue before the Administrative Appeals Tribunal was whether there were "special circumstances" that would justify releasing Ms Allen from the AoS prior to the end of the ten-year period.

The Tribunal reasoned that the legislation governing Assurances of Support does not provide for early termination based on the financial independence of the assurees, even if they are ineligible to receive social security benefits. The Tribunal concluded that Ms Allen's circumstances did not meet the threshold for "special circumstances" as contemplated by the relevant provisions.

Consequently, the Tribunal affirmed the decision under review, meaning Ms Allen's appeal was dismissed and she remained bound by the Assurance of Support for its full ten-year term.