Faisal and Secretary, Department of Education and Training

This matter concerned an application by the Applicant, Mr Faisal, for the re-crediting of his FEE-HELP balance for a unit of study. The Respondent was the Secretary, Department of Education and Training. The Administrative Appeals Tribunal (AAT) was required to determine whether the Applicant had established "special circumstances" that would permit the re-crediting of his FEE-HELP balance, despite his withdrawal from the unit occurring after the relevant census date.

The primary legal issue before the Tribunal was whether the Applicant's personal circumstances, specifically the impact of custody negotiations with his ex-wife, constituted "special circumstances" as contemplated by section 104-30(1) of the relevant Act. The Applicant contended that these negotiations, which intensified after a Family Court refused an initial agreement and continued cyclically until a final agreement was reached, significantly affected his mental state to the point where he forgot to withdraw from his course before the census date of 31 March 2018.

The Tribunal considered the evidence, including oral submissions and documentary evidence, regarding the custody dispute and its timing relative to the census date. While acknowledging the Applicant's awareness of the census date and his admission that he forgot to withdraw due to his mental condition, the Tribunal found that the circumstances presented did not meet the threshold for "special circumstances" required by the Act. The Tribunal noted that the exact timing of the withdrawal request, whether two days after the census date or on 12 April 2018, was irrelevant as it was submitted after the census date but within the 12-month application period. Ultimately, the Tribunal was not satisfied that special circumstances applied.

The Tribunal affirmed the decision under review, finding that the Applicant did not meet the requirements of section 104-25(1) of the Act and was therefore not entitled to have his FEE-HELP balance for the unit of study re-credited.