Haque v Secretary Department of Social Services (Centrelink)

The applicant, born in January 1960 and an Australian citizen since October 1994, sought judicial review of a decision by the Secretary of the Department of Social Services to suspend his jobseeker payment and not process his claim for portable pension benefits. The applicant had been receiving income support payments continuously since 11 September 2009 and claimed that he suffered from a serious heart condition and financial hardship, necessitating treatment overseas. He applied for portable pension benefits before departing Australia on 29 November 2022. His jobseeker payment was suspended upon departure, and his other claims were not addressed by the Secretary until after the commencement of this proceeding.

The legal issues before the court were whether the Secretary's decision to suspend the applicant's jobseeker payment and not process his claims for portable pension benefits contained any reviewable error. The applicant disclaimed any challenge to the suspension of his jobseeker payments, focusing instead on the Secretary's failure to address his claims for portable pension benefits. The court was required to determine if the Secretary's decision on 19 September 2023, which addressed some of the applicant's claims, contained any reviewable error and if so, whether relief should be granted.

The court found that the applicant did not make a valid claim under sections 94, 772, or 773 of the Social Security Act 1991 (Cth) as he did not meet the eligibility criteria for these pensions. Even if the court had found an error in the Secretary's decision, it would have refused relief on the ground that it would be futile, given the applicant's return to Australia and the Secretary's subsequent action on his claims. The applicant's claims were thus dismissed, and the Secretary's costs were awarded against the applicant.

The court dismissed the applicant's amended application for judicial review, ordering that the applicant pay the respondent's costs of the proceeding incurred on and from 12 October 2023, with the exception of the costs of the second day of the hearing, which were disallowed as between party and party.