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

This matter concerned an appeal by Mr Kruscic against a decision by the Secretary of the Department of Social Services to reject his claim for an age pension. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Kruscic was an Australian resident for the purposes of the Social Security Act 1991 during the relevant eligibility period.

The primary legal issue before the Tribunal was whether Mr Kruscic satisfied the criterion of being an Australian resident, as defined by section 7(3) of the Act, which requires consideration of factors such as accommodation, family and financial ties, assets in Australia, travel patterns, and the intention to remain permanently in Australia. The Tribunal also considered whether Mr Kruscic's intention to remain in Australia was conditional on the success of his age pension claim.

The Tribunal considered the evidence in light of section 7(3) of the Act. It found that Mr Kruscic's intention to remain in Australia was contingent on his age pension claim being granted, and that he intended to reside in Australia only long enough to secure his pension payments in Serbia. The Tribunal noted his limited assets in Australia, his family and close relationships being in Serbia, and his departure from Australia in 2001 and return in 2015 solely to lodge his claim, followed by his departure shortly after the claim's rejection. These factors, particularly his conditional intention to remain and his prolonged absence from Australia, weighed against a finding of Australian residency.

Consequently, the Tribunal concluded that Mr Kruscic was not residing in Australia during the eligibility period and therefore did not meet the criteria for the age pension. The decision under review was affirmed.