Golovcenco v Centrelink

[2003] FCA 527

FEDERAL COURT OF AUSTRALIA

Golovcenco v Centrelink [2003] FCA 527

SOCIAL SECURITY - eligibility for social security benefits - Newstart allowance - whether applicant entitled to social security benefits under Social Security Act 1991 (Cth)

Migration Act 1958 (Cth) s 36
Social Security (Administration) Act 1999 (Cth)
Social Security Act 1991 (Cth)
Social Security (International Agreements) Act 1999 (Cth)

Minister for Immigration and Multicultural Affairs v Savvin (2000) 98 FCR 168
Revenko v Secretary of State of the Home Department [2001] QB 601 (CA)
QAAE of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 46
Minister for Immigration and Ethnic Affairs v Teoh (1995) 183 CLR 273
Re East; Ex parte Nguyen (1998) 196 CLR 354
Sovar v Henry Lane Pty Ltd (1967) 116 CLR 397

ALEXEI GOLOVCENCO v CENTRELINK
Q112 OF 2002

COOPER J
BRISBANE
30 MAY 2003

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q112 OF 2002

BETWEEN:	ALEXEI GOLOVCENCO APPLICANT
AND:	CENTRELINK RESPONDENT
JUDGE:	COOPER J
DATE OF ORDER:	30 MAY 2003
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.The application is dismissed.

2.The applicant to pay the respondent’s costs of and incidental to the application, including reserved costs, to be taxed if not agreed.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	Q112 OF 2002

BETWEEN:	ALEXEI GOLOVCENCO APPLICANT
AND:	CENTRELINK RESPONDENT

JUDGE:	COOPER J
DATE:	30 MAY 2003
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. On 15 July 2002, the applicant applied for an order of review of a decision of the respondent not to grant to him social security benefits.  The ground relied upon was that in so refusing, the respondent acted in breach of Article 24 of the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 as amended by the Protocol relating to the Status of Refugees done at New York on 31 January 1967 (‘the Refugees Convention’).

2. At the time of making his application to the Court, the applicant had not made a claim for a benefit by completing and lodging a claim in the approved form as required by s 16(1) and s 16(7) of the Social Security (Administration) Act 1999 (Cth) (‘the SSA Act’). The applicant’s request for social security benefits was made orally to Centrelink as part of a Newstart claim interview conducted at the Stones Corner Service Centre of Centrelink in Brisbane. The applicant was advised during that interview that he was ineligible for social security benefits because he was only the holder of a bridging visa (sub-class 050).

3. On 22 August 2002, the applicant contacted Centrelink about claiming a social security benefit called ‘Special Benefit’.

4. It appears that Centrelink treated the contact as a claim for a special benefit and by letter of that date sought documentary material in support of the application.  On 3 September 2002, the applicant was advised that his claim for a special benefit was rejected…