Vili Lui v Secretary, Department of Education, Employment and Workplace Relations

[2012] HCASL 127

VILI LUI

v

SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

[2012] HCASL 127
S99/2012

1. On 23 June 2011, the applicant was granted a Newstart allowance by Centrelink.  The allowance was cancelled soon thereafter.  The applicant lodged an application for review of the decision to cancel his allowance with the Social Security Appeals Tribunal ("the SSAT").  On 17 August 2011, the SSAT held that it did not have jurisdiction to review the decision as an internal review had not been sought.  On 26 August 2011, internal review was conducted and the original decision to cancel the allowance was affirmed.  The applicant sought review of the decision of the SSAT before the Administrative Appeals Tribunal ("the AAT").

2. On 25 October 2011, the AAT held it did not have jurisdiction under s 25 of the Administrative Appeals Tribunal Act 1975 (Cth) to review the original decision. The applicant sought to appeal against the decision of the AAT to the Federal Court of Australia. On 13 December 2011, the Federal Court (Nicholas J) dismissed the appeal as incompetent. This decision was interlocutory in nature. The applicant sought to appeal that decision, but this required a grant of leave: Federal Court of Australia Act 1976 (Cth), s 24(1A).

3. On 12 March 2012, the Federal Court (Perram J) dismissed the purported appeal on the basis that the decision of Nicholas J was interlocutory and the applicant had not obtained (or sought) leave to appeal.

4. The applicant seeks special leave to appeal against the whole of the decision of Perram J.  The applicant requires an extension of time.  The application does not raise any questions of law which would justify the grant of special leave.  The decision of Perram J was correct.  The extension of time should be granted but the application dismissed.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

W.M.C. Gummow
15 August 2012 S.M. Kiefel