Manikantan v Secretary, Department of Employment and Workplace Relations [2024] FCAFC 116

Federal Court of Australia

Manikantan v Secretary, Department of Employment and Workplace Relations [2024] FCAFC 116 Appeal from: Manikantan v Secretary, Department of Employment and Workplace Relations [2024] FCA 94

File number: NSD 293 of 2024

Judgment of: COLLIER, RAPER AND SHARIFF JJ

Date of judgment: 5 September 2024

Catchwords: ADMINISTRATIVE LAW – appeal from primary judgment dismissing appeal from Administrative Appeals Tribunal (Tribunal) on questions of law under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) – where primary judge dismissed appeal from Tribunal decision (Third Tribunal Decision) which had affirmed an earlier Tribunal decision (First Tribunal Decision) which had in turn affirmed decision of respondent to cancel appellant's Newstart Allowance under the Social Security (Administration) Act 1999 (Cth) – where Third Tribunal Decision arose because this Court had previously quashed second review decision of Tribunal (Second Tribunal Decision) and remitted review of First Tribunal Decision to Tribunal for determination – whether primary judge erred by engaging in breaches of the rules of natural justice – whether primary judge made material errors of law by misunderstanding facts and misapplying applicable principles and governing law – whether primary judge made material errors of law by identifying a wrong issue, asking the wrong question, ignoring relevant material and relying on irrelevant material – no alleged errors made out – appeal dismissed with costs

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Social Security Act 1991 (Cth) ss 42B, 593, 593(1), 593(1)(c)-(f), 601, 605, 605(1), 605(2), 605(4), 606(1) Social Security (Administration) Act 1999 (Cth) ss 68, 68(2), 72, 80, 80(1), 95, 95(1), 95(1)(a), s 95(2), 129, 179 Federal Court Rules 2011 (Cth) rr 36.01(2)(c), 36.10