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

This matter concerned an appeal to the Administrative Appeals Tribunal by an applicant regarding an Assurance of Support debt. The applicant had provided an assurance of support for a family member who later became a holder of a contributory parent migrant visa. Following a family breakdown, the applicant sought to have the resulting debt to the Commonwealth waived.

The Tribunal was required to determine whether the applicant was liable for an Assurance of Support debt and, if so, whether that debt was recoverable in part or in full. This involved considering the legislative framework governing Assurances of Support, including the definition of an assurance, its duration, and the conditions under which an assurer becomes liable to pay social security payments received by the sponsored person. The Tribunal also had to assess whether the applicant's circumstances met the criteria for waiving the debt under the relevant provisions of the Act.

The Tribunal found that the applicant did have an Assurance of Support debt, calculated at $61,629.16, which arose from social security payments made to the sponsored person between March 2012 and June 2017. The Tribunal applied sections 1061ZZGA and 1061ZZGG of the Act, which establish the assurer's liability for social security payments received by the sponsored person during the period the assurance is in force. It concluded that the applicant's circumstances did not constitute "special circumstances" as required by section 1237AAD of the Act to warrant a waiver of the debt. Consequently, the Tribunal affirmed the decision under review, finding the debt to be recoverable in full.