Kumar v Secretary, Department of Social Services [2022] FCAFC 95

Federal Court of Australia

Kumar v Secretary, Department of Social Services [2022] FCAFC 95 Appeal from: Kumar v Secretary, Department of Social Services [2021] FCA 1662

File number(s): NSD 1168 of 2021 NSD 1169 of 2021

Judgment of: PERRY, SC DERRINGTON AND STEWART JJ

Date of judgment: 1 June 2022

Catchwords: ADMINISTRATIVE LAW – appeal against decision to dismiss an appeal under the Administrative Appeals Tribunal Act 1975 (Cth) – appeal against decision to dismiss an application under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether the primary judge erred in not finding a denial of natural justice – whether the primary judge misconstrued the eligibility criteria prescribed in s 94(1) of the Social Security Act 1991 (Cth) – whether the primary judge erred in finding that the Administrative Appeals Tribunal's decision did not challenge a decision of the Compensation Court of New South Wales – whether the primary judge erred in finding that the Tribunal's decision did not vitiate a decision of the Workers Compensation Commission of New South Wales – whether the primary judge erred in not considering that Mr Kumar was entitled to compensatory damages due to the Secretary's misfeasance in public office

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(1)(a) Judiciary Act 1903 (Cth) s 78B Constitution (Cth) s 118 Social Security (Administration) Act 1999 (Cth) ss 12, 13, 14A, 15, Pt 2, Sch 2, cl 3, 4 Social Security Act 1991 (Cth) ss 26, 94