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

This matter concerned an appeal by the Applicant to the Administrative Appeals Tribunal (AAT) against a decision by the Secretary, Department of Social Services, to refuse her claim for Jobseeker payments. The core dispute revolved around whether the Applicant met the residency requirements for the payment during the relevant qualification period.

The Tribunal was required to determine whether the Applicant was a person who resided in Australia for the purposes of the Social Security Act 1991 (Cth) during the period from 24 April 2020 to 24 July 2020. This involved considering the mandatory factors outlined in section 7(3) of the Act, which include the nature of accommodation, family relationships, employment and financial ties, assets in Australia, travel history outside Australia, and any other relevant matter concerning the intention to remain permanently in Australia.

The Applicant, an Australian citizen, had been living in the USA with her husband since 2012, where she held permanent residency. She returned to Australia in March 2020, intending to visit her father and support him through surgery, with the intention of returning to the USA. However, COVID-19 travel restrictions prevented her return. The Tribunal considered her evidence regarding her life in the USA, including her accommodation, financial reliance on her husband, and limited assets. It also noted her regular visits to Australia, her familial ties there, and her father's financial support during her stay. The Tribunal found that despite her Australian citizenship and regular visits, her primary ties and intention to reside were with the USA during the qualification period.

The Tribunal affirmed the decision of the Secretary, Department of Social Services, that the Applicant did not meet the residency requirements for Jobseeker payments.