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

This matter concerned an appeal by Mr Markopoulos against a decision by the Secretary of the Department of Social Services regarding his eligibility for an age pension, specifically concerning his qualifying Australian residence. The dispute centred on whether Mr Markopoulos met the residency requirements for the pension, with the Tribunal having been satisfied that he did. The case was heard by J F Toohey SM.

The primary legal issue before the court was to determine whether Mr Markopoulos had established and maintained qualifying Australian residence for the purposes of the social security legislation. This involved assessing his physical presence in Australia, his intentions regarding his home, and the continuity of his association with Australia over various periods, particularly during his absences overseas.

The court applied the principles of residence as articulated in *Hafza v Director-General of Social Security*, which considers both physical presence and intention. His Honour was satisfied that Mr Markopoulos remained an Australian resident from 27 February 1967 to 17 April 1973, and also during his family's period in Greece from April 1973 to October 1976, accepting evidence that their departure was for his recovery and that they intended to return for their children's education, thus retaining a continuity of association and treating Australia as "home". Further, he was satisfied Mr Markopoulos remained an Australian resident from October 1976 to April 1977.

Ultimately, the court found that Mr Markopoulos had qualifying Australian residence for the period from 27 February 1967 to 18 April 1977, and again from 27 August 2015 to 19 February 2016. As the first period exceeded five years and the aggregate of these periods surpassed 10 years, he met the qualifying Australian residence criteria for the claim period. The decision under review was set aside.