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

Case

[2017] AATA 1049

26 June 2017


Details
AGLC Case Decision Date
Charalambous and Secretary, Department of Social Services (Social services second review) [2017] AATA 1049 [2017] AATA 1049 26 June 2017

CaseChat Overview and Summary

This matter concerned an application by Ms Charalambous for an extension of time to appeal a decision of the Secretary, Department of Social Services. The application was heard by Senior Member Egon Fice of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether to grant Ms Charalambous an extension of time to lodge her appeal. This required the Tribunal to consider both the length of the delay in bringing the application and the prospects of success of the substantive appeal.

Senior Member Fice found that there was no satisfactory explanation for the significant delay of five years and four months in lodging the appeal. Furthermore, Ms Charalambous was unable to present any objective evidence that would suggest a likelihood of success in the substantive matter. Consequently, the Tribunal concluded that the application for an extension of time must be refused.
Details

Areas of Law

  • Administrative Law

Legal Concepts

  • Appeal

  • Procedural Fairness

  • Standing

  • Judicial Review