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

The Administrative Appeals Tribunal considered an appeal by an applicant concerning his eligibility for an age pension. The dispute centred on whether the applicant met the residency requirements for the pension, specifically whether he was an Australian resident with the intention to reside in Australia.

The legal issues before the Tribunal were whether the applicant had established himself as an Australian resident for the purposes of the social security legislation, and whether his extensive travel outside Australia, coupled with his stated reasons for such travel, negated his intention to reside permanently in Australia. The Tribunal was required to assess the applicant's business, financial, employment, family, and accommodation ties to Australia, as well as the nature and duration of his absences from the country.

The Tribunal found that the applicant had spent a significant majority of the period between 2011 and 2018 outside Australia, and continued to do so after 2018 until late that year. While acknowledging the applicant's emotional attachment to Australia and his stated intention to return, the Tribunal concluded that his prolonged physical absence meant he was primarily resident overseas and not in Australia for purposes related to employment after 2010. The Tribunal applied the principle that a person cannot be considered an Australian resident for a continuous period if they have been a resident of another country during that time, and that the length of time spent away from Australia weighed heavily against establishing the required residency for an age pension entitlement.

The Tribunal affirmed the decision under review, meaning the applicant's claim for the age pension based on the presented evidence was not successful. However, the Tribunal encouraged the applicant to submit a further claim, which would be assessed on current criteria, taking into account his present residential status and family circumstances.