Henein and Secretary, Department of Social Services (Social services second review)

This matter concerned a review by the Administrative Appeals Tribunal of a decision made by the Secretary of the Department of Social Services. The applicant, Mr Heinen, sought a review of the Secretary's decision.

The Tribunal was required to consider whether certain conditions relevant to Mr Heinen's claim arose before or after he became a permanent resident of Australia. The Tribunal noted that while previous comments had been made on this issue, subsequent decision-makers were not bound by those comments.

The Tribunal affirmed the decision under review. It indicated that a larger body of evidence concerning the timing of the conditions had become available, which might be relevant if Mr Heinen were to lodge a fresh claim in the future.