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

This matter concerned an application by Mr Biletskyy for review of a decision made by the Social Services and Child Support Division of the Administrative Appeals Tribunal (AAT1) to dismiss his application for review of a decision to grant Special Benefit to Mrs Biletska. The core dispute revolved around whether the General Division of the AAT (AAT2) possessed jurisdiction to review the AAT1's dismissal decision, particularly in light of the grounds upon which the AAT1 had dismissed the application.

The legal issues before the Tribunal were whether the AAT2 had jurisdiction to review a decision made by the AAT1 to dismiss an application for review on the grounds that it had no reasonable prospects of success, and whether Mr Biletskyy had standing to seek review of the decision to grant Special Benefit to Mrs Biletska. The Tribunal was required to consider the scope of its review powers under the Administrative Appeals Tribunal Act 1975 (Cth) and the Social Security (Administration) Act 1999 (Cth), and the criteria for establishing standing to seek review.

The Tribunal determined that it did have jurisdiction to review the AAT1's dismissal decision, as it was a decision made by the Tribunal itself. Regarding standing, the Tribunal agreed with the Respondent that only a person whose interests are affected by a decision has standing to seek review. It found that Mr Biletskyy had standing because he was liable for any social security payments made to Mrs Biletska and would be affected by any debt raised against him. The Tribunal relied on the Authorised Review Officer's determination affirming the grant of Special Benefit and the Commonwealth Ombudsman's investigation, which indicated that Mr Biletskyy was being informed of payments and had the opportunity to provide evidence. The Tribunal concluded that while Mr Biletskyy was indirectly affected by the initial grant decision, he would have standing to seek review of a decision that directly affected his interests, such as the raising of a debt against him.