Jamal v Secretary, Department of Social Services

Mr Jon Jamal applied for an extension of time within which to appeal a decision of the Social Security and Veterans' Affairs Tribunal (SSAT) affirming a decision of the Department of Social Services to refuse an extension of the portability period of his disability support pension. The SSAT had found that Mr Jamal had clearly had no intention of ever returning to Australia during the portability period, and that the immediate treatment received in Egypt had been successful and further treatment could have been undertaken in Australia. The Tribunal affirmed the decision of the SSAT, concluding that Mr Jamal did not intend to return to Australia before the expiration of his portability period, and that the dislocation of his shoulder did not prevent him from returning to Australia. The Court was required to decide whether an extension of time should be granted to Mr Jamal to appeal against the SSAT's decision. The Court considered the principles relevant to granting an extension of time and whether any appeal would have reasonable prospects of success. The Court found that Mr Jamal did not provide an acceptable explanation for the delay in filing the application for an extension of time and that it would not be in the interests of justice to grant an extension. The Court also found that any appeal would lack any reasonable prospect of success. The Court dismissed the application for an extension of time with costs.