Pelka v Secretary, Department of Families, Housing, Community Services & Indigenous Affairs [2008] FCAFC 92

FEDERAL COURT OF AUSTRALIA

Pelka v Secretary, Department of Families, Housing, Community Services & Indigenous Affairs [2008] FCAFC 92

SOCIAL SECURITY – member of a couple – marriage-like relationship - whether decision maker is required to make a finding of fact in relation to the relevant consideration of whether a sexual relationship existed – whether the commitment of a relationship compared to other relationships in the person's life was an irrelevant consideration – whether sufficient evidence to make findings about the comparative commitment of the relationship – whether denial of procedural fairness

Administrative Appeals Tribunal Act 1975 (Cth) s 44 Social Security Act 1991 (Cth) s 4 Davis v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 686 cited MEE CHIN PELKA v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES & INDIGENOUS AFFAIRS

WAD 214 OF 2007

SUNDBERG, EMMETT AND SIOPIS JJ

30 may 2008

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 214 OF 2007

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DEPUTY PRESIDENT SD HOTOP AND MEMBER L TOVEY

BETWEEN: MEE CHIN PELKA

Applicant

AND: SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES & INDIGENOUS AFFAIRS

Respondent

JUDGES: SUNDBERG, EMMETT AND SIOPIS JJ

DATE OF ORDER: 30 may 2008

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The appeal be dismissed. 2. The applicant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 214 OF 2007

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DEPUTY PRESIDENT SD HOTOP AND MEMBER L TOVEY

BETWEEN: MEE CHIN PELKA