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

This matter concerned an appeal by Yaacoub against a decision of the Secretary of the Department of Social Services affirming a decision that she did not qualify for a special benefit payment due to the newly arrived resident's waiting period. The dispute centred on whether there had been a substantial change in her circumstances beyond her control after her arrival in Australia that would warrant waiving this waiting period. The decision was made by A Poljak SM.

The primary legal issue before the Court was whether Yaacoub satisfied the criteria under section 739A(7) of the relevant Act, which allows for the waiver of the newly arrived resident's waiting period if a substantial change in circumstances, beyond the applicant's control, occurred after their initial entry into Australia. This required the Court to determine if Yaacoub's circumstances upon her return constituted such a change and if it was indeed beyond her control.

The Court found that Yaacoub was aware of the challenges she would face upon her return to Australia, including her brother's lack of financial support and the foreseeable difficulties in securing employment. It was concluded that these were matters within her control, and she could have made more thorough inquiries and arrangements to ensure her financial security before returning. Consequently, the Court determined that Yaacoub did not meet the requirements of section 739A(7) of the Act, meaning the newly arrived resident's waiting period should not be waived. The Court also found that the discretion to grant special benefit under section 729 of the Act should not be exercised in her favour. The decision under review was therefore affirmed.