Stoner and Secretary, Department of Education and Training

The applicant, Ms. Stoner, sought review of a decision by the Secretary, Department of Education and Training, to refuse to remit her FEE-HELP debt. The Administrative Appeals Tribunal, constituted by N A Manetta SM, considered whether Ms. Stoner's circumstances warranted the remission of her debt.

The Tribunal was required to determine whether Ms. Stoner's circumstances were beyond her control and whether their full impact occurred on or after the census date for her unit of study. The central legal issue was whether these circumstances constituted "special circumstances" that would justify the remission of her FEE-HELP debt.

The Tribunal acknowledged the significant difficulties Ms. Stoner faced during 2016, commending her perseverance in continuing her studies despite these stressful experiences. However, the Tribunal found that Ms. Stoner was capable of making an application to the university within the 12-month period available to her. Consequently, the Tribunal affirmed the decision under review.