Federal Court of Australia
Federal Court of Australia
Salah (formerly HGMZ) v Secretary, Department of Social Services [2022] FCAFC 186 Appeal from: HGMZ v Secretary, Department of Social Services [2021] FCA 280
File number: NSD 357 of 2021
Judgment of: RARES, KATZMANN AND CHEESEMAN JJ
Date of judgment: 7 November 2022
Catchwords: ADMINISTRATIVE LAW – appeal on question of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) – where appellant challenges Tribunal's findings of fact – where recipient of social security benefits settled motor vehicle accident claim for compensation including claim for economic loss or loss of commercial opportunity – where benefit recipient disputed liability to repay lump sum to Commonwealth under s 17 and Pt 3.14 of the Social Security Act 1991 (Cth) – whether judgment sum included compensation for economic loss – whether 'special circumstances' under s 1184K(1) existed to reduce or eliminate liability to repay lump sum – where notice of appeal under s 44(1) failed to state any question of law – where grounds of appeal cavilled with Tribunal's credibility-based findings of fact – where no error in primary judgment identified – Held: appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG Health and Other Services (Compensation) Act 1995 (Cth) s 33A Migration Act 1958 (Cth) s 91X Social Security Act 1991 (Cth) ss 17, 1184K, Pt 3.14 Federal Court Rules 2011
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 Coulton v Holcombe (1986) 162 CLR 1 ETA067 v Republic of Nauru (2018) 360 ALR 228 Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Ogawa (formerly Ms PD) v President of the Australian Human Rights Commission (Pseudonym) [2022] FCAFC 160 Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 168 ALR 407 Secretary, Department of Family and Community Services v Chamberlain (2002) 116 FCR 348 Waterford v Commonwealth (1987) 163 CLR 54
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