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

This matter concerned an appeal by Mr Stavrinidis against a decision of the Administrative Appeals Tribunal (AAT) affirming the Secretary of the Department of Social Services' determination that Mr Stavrinidis was not entitled to an age pension. The appeal was heard by the Federal Court of Australia.

The primary legal issue before the Federal Court was whether the AAT had erred in law by failing to consider or give sufficient weight to certain evidence regarding Mr Stavrinidis's residency in Australia, which was crucial for establishing his eligibility for the age pension under the *Social Security Act 1991* (Cth). Specifically, the court needed to determine if the AAT had adequately addressed the evidence presented by Mr Stavrinidis concerning his periods of absence from Australia and their impact on his qualifying residency requirements.

The Federal Court found that the AAT had indeed erred in law. The court reasoned that the AAT had not properly engaged with the evidence relating to Mr Stavrinidis's residency, particularly the documentary evidence and his own testimony, which suggested he met the qualifying residency criteria. The court reiterated the principle that an administrative tribunal must consider all relevant evidence before it and provide adequate reasons for its findings, especially when those findings are adverse to a party seeking a benefit. The AAT's failure to adequately consider this evidence meant its decision was not based on a proper assessment of the facts.

Consequently, the Federal Court set aside the AAT's decision and remitted the matter back to the AAT for redetermination according to law.