Fajloun; Secretary, Department of Social Services and

The Administrative Appeals Tribunal considered an appeal by the Secretary of the Department of Social Services against a decision of the Social Security Appeals Tribunal. The dispute concerned the cancellation of Ms Fajloun's Disability Support Pension (DSP) and the subsequent calculation of a debt owed to the Commonwealth. The Secretary sought to have the decision regarding the debt set aside and substituted.

The primary legal issues before the Tribunal were whether Ms Fajloun met the criteria for a DSP at the time her pension was cancelled on 27 January 2015, and if not, whether a debt was correctly calculated and if it could be waived or written off. The Tribunal was also required to consider the validity of the evidence upon which Ms Fajloun's initial DSP application was granted.

The Tribunal found that the evidence supporting Ms Fajloun's initial DSP application, specifically reports from a psychologist, Mr Joseph D’Silva, and a doctor, Dr Ishrat Ali, was highly questionable. The respondent testified that she only saw Dr Ali for a brief period and did not see Mr D’Silva at all, contradicting the reports. Furthermore, Mr D’Silva's notes did not record seeing the respondent, and neither he nor Dr Ali appeared to have made legitimate claims for their services. The Tribunal noted that there was an ongoing investigation by the Director of Public Prosecutions concerning alleged false and misleading applications and representations to the Commonwealth, involving a significant number of claims.

The Tribunal affirmed the decision to cancel Ms Fajloun's DSP. However, it set aside the decision regarding the calculation of the debt owed to the Commonwealth and substituted its own decision, implying a different approach to the debt calculation.