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

This matter concerned an application for an age pension by an Australian citizen, Mr Snell, who had lodged his claim on 5 September 2018. The Department rejected his claim, asserting he was not an Australian resident at the time, a decision affirmed by an Authorised Review Officer and subsequently by the Administrative Appeals Tribunal (AAT). Mr Snell sought a second review by the AAT.

The Administrative Appeals Tribunal was required to determine whether Mr Snell qualified as an "Australian resident" for the purposes of his age pension claim, as defined by the Social Security Act 1991 (Cth). This involved assessing whether he resided in Australia at the time of his claim, considering various factors outlined in the Act, including the nature of his accommodation, family and financial ties to Australia, travel patterns, and his intention to remain permanently in Australia.

The Tribunal considered the evidence in light of section 7(3) of the Social Security Act 1991 (Cth), which mandates consideration of accommodation, family relationships, employment and financial ties, assets in Australia, travel frequency and duration, and any other matter relevant to the intention to remain permanently in Australia. The Tribunal noted that no single factor is conclusive and that the decision should be based on the balance of all available evidence, with the time spent in Australia generally carrying the most weight. Despite evidence suggesting Mr Snell had spent significant time in Timor-Leste and had made statements indicating he was not living in Australia permanently, the Tribunal found that, when considering all factors, Mr Snell was an Australian resident at the time of his claim.

The Tribunal remitted the decision made by the Department to reject Mr Snell's age pension claim for reconsideration, with a direction that he be considered an Australian resident for the purposes of his application.