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

This matter concerned an appeal by the applicant, Eskinazi, against a decision of the Secretary of the Department of Social Services. The dispute centred on whether the applicant was a resident of Australia at the time he applied for social security benefits. The decision was made by Dr Damien Cremean, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine the applicant's residency status for the purposes of the relevant social security legislation. This required an assessment of whether the applicant met the criteria for being considered a resident of Australia at the time of his application for benefits.

The Senior Member found that, based on the circumstances presented, the applicant was not a resident of Australia when he applied for his social security benefits. Consequently, the Tribunal affirmed the decisions under review.