Federal Court of Australia
CATCHWORDS
Administrative Law - Administrative Appeals Tribunal - Appeal - Invalid pension - Applicant in receipt of pension under reciprocal arrangements with New Zealand - Applicant returned to New Zealand before establishing 10 years' continuous residence in Australia so as to qualify for pension under general provisions of statute without relying on reciprocal
arrangements - Pension suspended and then cancelled - Invalid benefit granted under New Zealand legislation - Whether applicant qualified to receive Australian pension - Whether
such qualification barred by absence of physical presence of applicant in Australia when claim made.
Administrative Appeals Tribunal Act 1975, s.44 Social Security Act 1947, ss.20, 24, 25, 45, 46, 83AA, 83AB, 83AE, 83AF, 135TJ, 137
Social Services (Reciprocity with New Zealand) Regulations, regs 5, 6, 7, 8, 11, 15
HUGO RUPBERT WILSON v. THE SECRETARY, DEPARTMENT OF SOCTAL SECURITY
ACT G 40 of 1985
CORAM: Sheppard, Neaves and Pincus JJ.
13 February 1986
Canberra
Counsel for the applicant : Mr M.B. Smith Solicitors for the applicant: Stephen Jaques Stone James
Counsel for the respondent : Dr G.A. Flick Solicitor for the respondent: Australian Government Solicitor
Date of hearing : 7 November 1985
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY No. ACT G 40 of 1985
DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN : HUGO RUPBERT WILSON Applicant AND: THE SECRETARY, DEPARTMENT OF
SOCIAL SECURITY
Respondent
MINUTE OF ORDER
JUDGES MAKING ORDER Sheppard, Neaves and Pincus JJ.
DATE OF ORDER 13 February 1986
WHERE MADE : Canberra
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the respondent's costs of the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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