Afif Dib Khalil v Director-General of Social Security [1984] FCA 414

o~ nd

Alt

CATCHNORDS

Administrative Law - appeal against cancelled invalid pension - appeal to Federal Court from A.A.T. lies only on a question of law {(s.44 of Administrative Appeals Tribunal Act, 1975) - Tribunal did consider both the extent of Appellant's injuries and the extent to which they atfected his ability to find work ~- even if Tribunal placed onus of proof on applicant, in the circumstances the applicant was not disadvantaged - $.43(2) of the A.A.T. Act complied with - reasons given - appeal dismissed

Administrative Appeals Tribunal Act, 1975 s.43(2) and s.44

AFIF DIB KHALIL v. DIRECTOR-GENERAL OF SOCIAL SECURITY

No. G 346 of 1983

Morling J. 6 December 1984

Sydney

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

No. G 346 of 1983

BETWEEN : AFIF DIB KHALIL Applicant AND: DIRECTOR-GENERAL OF SOCIAL SECURITY Respondent ORDER JUDGE MAKING ORDER : Morling J. DATE OF ORDER : 6 December 1984 WHERE MADE : Sydney THE COURT ORDERS THAT; i. Appeal dismissed.

2. No order as to costs.

iN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY No. G 346 of 1983

eww enw

GENERAL DIVISION

BETWEEN : AFIF DIB KHALIL

Applicant

AND: DIRECTOR-GENERAL CF SOCIAL SECURITY

Respondent

MORLING J. 6 December 1984

REASONS FOR JUDGMENT

This 1s an appeal from a decision of the Administrative Appeals Tribunal affirming a decision of the Social Security Appeals Tribunal. An appeal to this Court from the Administrative Appeals Tribunal lies only on a

question or law - see 5.44 of the Administrative Appeals

Tribunal Act 1975.

The Social Security Appeals Tribunal dismissed an appeal brought to it by Afif Khalil (the appellant) against a decision that an invalid pension granted to him be cancelled. The appellant was born in Syria in 1931. He left school when he was about 12 vears of age and after living for a time in Libva he came to Australia in 1972. After arriving in this