Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Charan v Secretary, Department of Social Services [2016] FCAFC 175 Appeal from: Charan v Secretary, Department of Social Services [2016] FCA 486
File number: NSD 834 of 2016
Judges: COLLIER, KATZMANN AND FARRELL JJ
Date of judgment: 13 December 2016
Catchwords: ADMINISTRATIVE LAW – eligibility for age pension – New Zealand nationals – husband and wife – whether they had achieved "10 years qualifying Australian residence" – consideration of the Agreement on Social Security between the Government of Australia and the Government of New Zealand – residence requirement not satisfied – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Social Security Act 1991 (Cth) ss 7(2), 7(5), 23, 43, 94(1) Social Security (Administration) Act 1999 (Cth) ss 11, 29, cl 4 of Sch 2 Social Security (International Agreements) Act 1999 (Cth) ss 3, 4, 6, Arts 1, 2, 5, 12 of Sch 3
Cases cited: Charan v Secretary, Department of Social Services [2016] FCA 486 Charan and Secretary, Department of Social Services [2015] AATA 760 Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mahrous (2013) 213 FCR 532; [2013] FCAFC 75 Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mahrous (No 2) (2012) 131 ALR 450; [2012] FCA 1275
Date of hearing: 2 November 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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