Khan and Secretary, Department of Education

The Administrative Appeals Tribunal (AAT) considered an application by Mr Khan for the re-crediting of his FEE-HELP balance. Mr Khan, a 70-year-old retired IT professional, enrolled in four units of study for a Graduate Diploma in Migration Law to pursue a career as a migration agent. He incurred a FEE-HELP debt of $12,250 for these units. Mr Khan withdrew from the units six days after the census date of 17 August 2018, citing personal family reasons and health issues. He sought to have his FEE-HELP debt remitted, arguing that special circumstances applied.

The primary legal issue before the Tribunal was whether Mr Khan's circumstances met the criteria for "special circumstances" under subsection 104-25(1)(c) of the relevant Act, which would allow for the re-crediting of his FEE-HELP balance. This required determining if his circumstances were beyond his control, if their full impact occurred on or after the census date, and if they made it impracticable for him to complete the units of study. The Tribunal was bound to consider the Administration Guidelines, which provide detailed criteria for each of these three elements.

The Tribunal reasoned that Mr Khan's circumstances did not satisfy the requirements for special circumstances. It found that his stated family and medical issues were not entirely beyond his control, that their full impact had become apparent before the census date, and that they did not render it impracticable for him to complete the units. Consequently, the Tribunal concluded that Mr Khan had not demonstrated special circumstances as defined by the Act and the Administration Guidelines.

The Tribunal affirmed the decision under review, meaning Mr Khan's application for the re-crediting of his FEE-HELP balance was dismissed.