Fatwidah Arifin v Secretary, Department of Social Services

[2015] HCASL 44

FATWIDAH ARIFIN

v

SECRETARY, DEPARTMENT OF SOCIAL SERVICES & ANOR

[2015] HCASL 44
S281/2014

1. On 4 June 2013, the Administrative Appeals Tribunal ("the Tribunal") decided that the applicant was entitled to a disability support pension from 17 September 2009, and rejected the applicant's contention that the pension was payable from an earlier date.  On 15 July 2013, the Tribunal decided that it had no jurisdiction to determine a claim or review a decision on a claim by the applicant for compensation for discrimination on the ground of disability.  The applicant challenged each of these decisions in the Federal Court of Australia.

2. On 7 November 2013, the Federal Court (Katzmann J) dismissed those appeals on the basis that neither of the notices of appeal disclosed a question of law and there was no basis for judicial review.

3. On 27 May 2014, the Full Court of the Federal Court of Australia (North, Flick and Jagot JJ) dismissed the applicant's appeal from the decision of Katzmann J, holding that her Honour's reasons for the decision disclosed no appellable   error.

4. The applicant requires an extension of time to apply for special leave to appeal to this Court.  The applicant's draft notice of appeal does not identify any reason to doubt the correctness of the Full Court's decision.  An appeal to this Court would enjoy no prospects of success.  Special leave is refused.  That being so, the grant of an extension of time would be futile.  

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
9 April 2015 P.A. Keane