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

This matter concerned an appeal by Mr Vo against a decision by the Secretary of the Department of Social Services. The central dispute was whether Mr Vo was a member of a couple at a relevant date, specifically 19 June 2018, for the purposes of social security legislation. The Administrative Appeals Tribunal was tasked with determining this question.

The Tribunal was required to consider whether Mr Vo and his former partner, Ms Nguyen, were living separately and apart on a permanent basis, and if not, whether there were any special reasons why they should not be treated as a member of a couple. The Tribunal also had to assess, on the balance of probabilities and using an objective test, whether Mr Vo was a member of a couple with Ms Nguyen at the relevant date, having regard to the criteria set out in the relevant legislation.

The Tribunal's reasoning focused on the evidence presented, which indicated that Mr Vo and Ms Nguyen were not living separately and apart on a permanent basis. Consequently, an exception under subsection 4(3A) of the Act was found not to apply. The Tribunal concluded that, based on the evidence and the statutory criteria, Mr Vo was a member of a couple with Ms Nguyen at the relevant date. Furthermore, the Tribunal found no special reason, as contemplated by subsection 24(2) of the Act, to deviate from treating them as a couple for the purposes of subsection 4(2). Accordingly, the Tribunal affirmed the decision that Mr Vo and Ms Nguyen were living as members of a couple.