Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Charan v Secretary, Department of Social Services [2019] FCAFC 134 Appeal from: Charan v Secretary, Department of Human Services [2018] FCA 1942
File number: NSD 1 of 2019
Judges: RARES, PERRY AND JACKSON JJ
Date of judgment: 8 August 2019
Catchwords: ADMINISTRATIVE LAW – eligibility for aged pension of husband and wife New Zealand nationals – whether appellants 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 – where residence requirement not satisfied – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 42A Social Security Act 1991 (Cth) s 43 Social Security (International Agreements) Act 1999 (Cth) ss 6, 7, Sch 3 Arts 5, 12
Cases cited: Charan v Secretary, Department of Social Services (2016) 247 FCR 422 Charan v Secretary, Department of Social Services [2017] HCASL 35 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Kemppi v Adani Mining Pty Limited (No 2) [2019] FCAFC 117 Re JRL; Ex parte CJL (1986) 161 CLR 342 Re Macks; Ex parte Saint (2000) 204 CLR 158 Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mahrous (2013) 213 FCR 532
Date of hearing: 8 August 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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