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

This matter concerned an appeal by Mrs Mousawi against a decision of the Social Services and Child Support Division of the Administrative Appeals Tribunal (AAT) which affirmed a decision to raise parenting payment debts, pension education supplement debts, child care benefit debts, family tax benefit debts, school kids bonus debt, and a newborn upfront payment debt. The core of the dispute revolved around whether Mrs Mousawi was a member of a couple with Mr Al Mousawi during the relevant period, which would impact her entitlement to these benefits.

The legal issues before the Tribunal were whether Mrs Mousawi was a member of a couple with Mr Al Mousawi during the specified period, and if she was found to have been overpaid benefits, whether those overpayments constituted debts due to the Commonwealth and if all or part of those debts should be recovered. The Tribunal was required to consider the provisions of section 4 of the relevant Act, which outlines the factors to be taken into account when forming an opinion about the relationship between two people for the purposes of determining if they are a couple.

The Tribunal's reasoning focused on an objective assessment of the circumstances of Mrs Mousawi's relationship with Mr Al Mousawi, having regard to the criteria set out in section 4 of the Act. This included financial aspects, the nature of the household, social aspects, any sexual relationship, and the nature of their commitment to each other. Despite Mrs Mousawi's assertion that she was not a member of a couple and her evidence regarding the transfer of a house into her name, the Tribunal noted that she had given birth to two children fathered by Mr Al Mousawi during the relevant period and had travelled overseas with him. The Tribunal applied the principles established in cases such as *Re Sperring* and *Pelka*, which emphasise that determining whether a relationship is 'marriage-like' requires consideration of all circumstances, not just a few isolated factors, and that the assessment is objective.

Ultimately, the Tribunal affirmed the decision of the Social Services and Child Support Division. It found that Mrs Mousawi was a member of a couple during the relevant period and that the debts raised were due and payable to the Commonwealth. The Tribunal also considered the provisions for write-off or waiver of debts and concluded that the discretion available had been correctly exercised.