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

This matter concerned an appeal by Ms Morcos against a decision of the Secretary of the Department of Social Services regarding the portability period of her disability support pension. The Administrative Appeals Tribunal (AAT) was required to determine whether Ms Morcos had made reasonable efforts to return to Australia at the first available opportunity, following a period of absence during which her pension's portability was in question.

The central legal issue before the Tribunal was whether Ms Morcos's circumstances, specifically her acute gastroenteritis and pre-existing neck and back problems, constituted a valid reason for her inability to return to Australia within the prescribed portability period. The Tribunal had to assess whether her efforts to return were reasonable given her medical condition and whether she had returned at the first available opportunity once her health permitted travel.

The Tribunal found that while Ms Morcos's gastroenteritis prevented her from travelling immediately, it did not justify an indefinite extension of the portability period. Applying the principle of returning at the "first available opportunity," the Tribunal determined that seven days after her acute illness subsided was the earliest reasonable time for her to travel. Consequently, the Tribunal set aside the AAT's previous decision and substituted a new decision, extending the portability period by seven days, to 7 October 2015.