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

This matter concerned an appeal by Mr Mohamud against a decision by the Secretary of the Department of Social Services to affirm a decision to suspend his Disability Support Pension (DSP). The core of the dispute revolved around whether Mr Mohamud's absence from Australia between May 2015 and March 2016, and his inability to return within the portability period, was due to circumstances that would permit the continuation of his DSP payments under section 1218C of the relevant Act. The review was heard by Mr D. J. Morris, Member, of the Administrative Appeals Tribunal.

The legal issues before the Tribunal were whether the hospitalization and subsequent care of Mr Mohamud's sister in Nairobi constituted a sufficient reason, as contemplated by section 1218C of the Act, for his extended absence from Australia and his inability to return within the prescribed portability period. The Tribunal was required to assess the credibility of Mr Mohamud's evidence regarding the reasons for his travel to Kenya and the circumstances that prevented his return, particularly in light of potentially contradictory statements made to the Department and in his own evidence.

The Tribunal considered evidence regarding Mr Mohamud's sister's medical condition and his role in her care. However, it noted significant inconsistencies in Mr Mohamud's account of the reasons for his travel to Kenya. While he initially stated he went to get married, he later claimed it was to visit his uncle. Furthermore, when first contacting the Department about his delayed return, he cited his uncle's illness, despite his sister having already been hospitalised and discharged in Kenya due to a femur injury. The Tribunal found that no event contemplated by section 1218C of the Act occurred or began during Mr Mohamud's absence that prevented his return within the four-week portability period.

Consequently, the Tribunal affirmed the reviewable decision, finding no grounds to exercise discretion under section 1218C of the Act. The outcome was that Mr Mohamud's DSP payments would not be reinstated for the period of his absence.