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

The Administrative Appeals Tribunal considered an application by the Secretary, Department of Social Services, to dismiss Mr Warrell's claim for a disability support pension. The Secretary argued that Mr Warrell's application lacked a reasonable prospect of success because no substantive claim had been made within the relevant time period, and a request for review of a prior decision was not lodged within the prescribed 13-week timeframe.

The central legal issue before the Tribunal was whether Mr Warrell's application for review should be dismissed pursuant to paragraph 42B(1)(b) of the *Administrative Appeals Tribunal Act 1975* (Cth) on the grounds that it had no reasonable prospect of success. This required the Tribunal to assess whether the procedural requirements for lodging a valid application for review had been met.

The Tribunal found that the failure to make a substantive claim within the relevant time period and the subsequent failure to request a review within the 13-week statutory limit meant that Mr Warrell's application for review lacked a reasonable prospect of success. Consequently, the Tribunal granted the Secretary's application for dismissal. The Tribunal ordered that the Applicant's application for review be dismissed pursuant to paragraph 42B(1)(b) of the *Administrative Appeals Tribunal Act 1975* (Cth).