Federal Court of Australia
" oth ed ak eres ena tn nt Las es tenner — ae ee canteen meat elles Bub CATCHWORDS Administrative Law - Social Security - Entitlement to Widow's Pension - Whether widow "residing permanently" in Australia at oe
time of husband's death - Widow not physically present but travelling to join husband in Australia at that time - Relevance
of intention.
Social Security Act 1947 - secns. 60 and 61 Income Tax Assessment Act 1936 - s.6
Migration Act 1958 - secns. 6 and 11.
KOON LIN HO v. DIRECTOR-GENERAL OF SOCIAL SECURITY No. G253 of 1982
FOX Jd. Sydney
28 November 1983
igh AE Nag ee ne ee es ee a le eh a er ee Bh ee ame mane NORM OL Ree ann
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G253 of 1982
GENERAL DIVISION
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL =~
BETWEEN : KOON LIN HO Appellant AND: —_- , ' DERECTOR-GENERAL OF SOCIAL SECURITY Respondent ORDER JUDGE: Fox J. DATE OF ORDER: 28 November 1983 WHERE MADE: Sydney. THE COURT ORDERS THAT: Ll. The appeal be allowed. 2. The decision of the Administrative Appeals Tribunal be
set aside.
3. In lieu thereof:
etcetera ince an eatin tate Se Alt erent Nast tN Ni A I SE etl er a tal tt nl be at ated nahh a Ne amt ett MORI mem
(a) the decision under review be set aside; and
(b) a decision that the appellant 1s entitled to a
widow's pension be substituted. a
4. The respondent pay the appellant's costs of the appeal.
near
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er ee
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
CORAM: FOX J.
"4 -
ne ea se ee ee rt
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) No. G253 of 1982 )
}
ON APPFAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
fee BETWEEN : KOON LIN HO
Appellant AND:
DIRECTOR-GENERAL OF SOCTAL SECURITY
Respondent
REASONS FOR JUDGMENT
This is an appeal from a decision of the Administrative
Appeals
Director-General of Social
appeal from the refusal of a widow's
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