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

This matter concerned an application for special benefit by Mr Mohammed, who was subject to a newly arrived resident’s waiting period (NARWP). The dispute centred on whether Mr Mohammed was exempt from this waiting period due to a substantial change in his circumstances beyond his control after his arrival in Australia. The decision was made by Dr L Bygrave, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether Mr Mohammed had experienced a substantial change in his circumstances, which was beyond his control and occurred after his initial entry into Australia, thereby entitling him to an exemption from the standard two-year NARWP. This required an assessment of his financial, health, and personal situation in light of the criteria for exemption under subsection 739A(7) of the relevant Act.

The Tribunal considered Mr Mohammed's financial situation, noting that he had returned to Syria to sell family property, with the proceeds being transferred to his family in Australia for the purchase and maintenance of a house. The mortgage and living expenses were collectively managed by his wife and sons, with Mr Mohammed not contributing to rent. The Tribunal was not satisfied that his financial circumstances had substantially changed beyond his control after his arrival. Furthermore, while Mr Mohammed claimed financial, health, and personal hardship, the Tribunal found no evidence of a substantial and uncontrollable change in these areas post-arrival. Consequently, the Tribunal affirmed the decision under review, finding Mr Mohammed was not exempt from the NARWP.