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

This matter concerned an appeal by Mr Paul Crossley against the Secretary of the Department of Social Services' decision to reject his application for an Age Pension made on 28 June 2016. The Department's rejection was based on a dispute regarding Mr Crossley's residency qualifications. This decision was affirmed by the first-tier review of the Social Services & Child Support Division of the Tribunal, leading to the current review before Senior Member Chris Puplick AM.

The primary legal issue before the Tribunal was to determine whether Mr Crossley was an Australian resident for the purposes of the *Social Security Act 1991* (Cth) at the time of his application on 28 June 2016. This required the Tribunal to consider the statutory criteria for Australian residency, particularly as outlined in section 7(3) of the Act, which mandates regard to the nature of accommodation, family relationships, employment and financial ties, assets in Australia, and the frequency and duration of overseas travel. The Tribunal also needed to assess whether Mr Crossley met the requirement of 10 years of qualifying Australian residence under section 43(1)(a) of the Act.

The Tribunal reasoned that while Mr Crossley travelled frequently to Thailand for business and had a Thai wife who did not intend to reside in Australia, he maintained a "real and enduring connection" with Australia. This conclusion was based on evidence of his stable accommodation in Australia, his ongoing ties with his children and grandchildren, his Australian bank account, and his membership in a local golf club. The Tribunal noted that his previous Age Pension had been paid with portability arrangements, suggesting a history of being recognised as an Australian resident while travelling. Despite some contradictory interpretations of the evidence, the Tribunal found that Mr Crossley's intention was to remain connected to Australia.

Consequently, the Tribunal set aside the decision under review and remitted the matter to the Secretary with a direction that Mr Crossley was an Australian resident on 28 June 2016. The Tribunal ordered that, subject to meeting all other eligibility criteria, Mr Crossley's Age Pension claim of that date was to be granted.