Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Towle v Secretary, Department of Social Services [2018] FCAFC 171 Appeal from: Towle v Secretary, Department of Social Services [2017] AATA 565
File number: SAD 90 of 2018
Judges: LOGAN, FARRELL AND THAWLEY JJ
Date of judgment: 20 August 2018
Catchwords: SOCIAL SECURITY – request under s 68 of the Social Security (Administration) Act 1999 (Cth) for information – conclusion by Administrative Appeals Tribunal that response insufficient – whether conclusion reasonably found – consequent affirmation of decision to suspend pension – whether absence of finding of partner visa under the Migration Act 1958 (Cth) procedurally consistent with a person being a member of a couple for the purposes of the Social Security Act 1991 (Cth) Held: no error in decision of primary judge that conclusion of Tribunal was reasonably open – no inconsistency between absence of a partner visa and being a member of a couple for the purposes of Social Security Act 1991 (Cth)
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Migration Act 1958 (Cth) s 5CB Social Security Act 1991 (Cth) ss 4, 24 Social Security (Administration) Act 1999 (Cth) ss 68, 68(2)(b), 81, 192, 196
Cases cited: Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Nyoni v Chee Koon Hee [2014] FCA 83 SZLQW v Minister for Immigration and Citizenship [2008] FCA 1279 Theo v Department of Family and Community Services (2005) FCAFC 239
Date of hearing: 20 August 2018
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate