Tighe and Secretary, Department of Social Services

This matter concerned an application by the applicant to the Administrative Appeals Tribunal (AAT) for an extension of time to lodge an application for review and for the reinstatement of a previous application. The applicant sought review of a decision to cancel his Disability Support Pension (DSP), which had been dismissed in 2014 for non-appearance. The respondent, the Secretary of the Department of Social Services, opposed the applications.

The primary legal issues before the Tribunal were whether it was reasonable in all the circumstances to grant an extension of time for the applicant to lodge his review application, and whether it was reasonable to reinstate the dismissed 2012 application. The Tribunal was required to consider the applicant's explanation for the significant delay in lodging his applications and any prejudice to the respondent.

The Tribunal considered the applicant's incarceration in Thailand from May 2014 to April 2016 as the reason for his non-appearance at the original hearing. However, the Tribunal found that the applicant had not provided a satisfactory or acceptable explanation for the delay in lodging his current applications, nor had he demonstrated special circumstances for a further extension of time for reinstatement. The Tribunal noted that the applicant had applied for DSP unsuccessfully three times since his return to Australia and that a substantial debt had been raised against him for overpayments of DSP. Ultimately, the Tribunal was not satisfied that it was reasonable in all the circumstances to grant the extension of time or to reinstate the dismissed application.

The Tribunal therefore refused the applicant's applications to extend the time within which to lodge his application and to reinstate the 2012 proceedings. Consequently, the question of a stay of the reviewable decision did not arise.