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

This matter concerned an application by Mr Brian Sullivan for a review of a decision affirming earlier decisions that he was ineligible to receive an age pension. The dispute centred on whether Mr Sullivan met the eligibility requirements for an age pension under the *Social Security Act 1991* (Cth) and the *Social Security Administration Act 1999* (Cth) as at 6 June 2016, the date he lodged his application. The court was the Administrative Appeals Tribunal, with N A Manetta SM presiding.

The primary legal issue before the Tribunal was whether Mr Sullivan was a resident of Australia on 6 June 2016, as this was the sole impediment to his receiving the age pension, with all other statutory requirements being satisfied. The Tribunal was required to determine Mr Sullivan's residency status in Australia on that specific date, considering his movements and circumstances leading up to and around that time.

The Tribunal accepted the respondent's submission that Mr Sullivan was not a resident of Australia on 6 June 2016. While Mr Sullivan had previously worked and resided on Barrow Island, which is part of Australia, he finished this employment in December 2015. Following this, his travel records indicated he left Australia on 22 December 2015, returned on 15 January 2016, left again on 23 January 2016, returned on 7 February 2016, departed on 10 February 2016, and then returned on 6 June 2016, only to leave again on 8 June 2016. The Tribunal found these records accurate and concluded that his presence in Australia between 6 and 8 June 2016 was transient and insufficient to establish residency for the purposes of the pension application lodged on 6 June 2016. Consequently, the Tribunal affirmed the decision under review.