Federal Court of Australia
" S0DGMENT No. 3 e1yS1.
CATCHWORDS
APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL - Family
Allowance - children living in Vietnam - 'custody, care and
control'.
Social Security Act 1947 (Cth) ss.6(1), 6(1A) Administrative Appeals Tribunal Act 1975 (Cth) s.44
VAN _ CONG HUYNH v. NSW G622 of 1986
Davies J.
27 October 1987 Sydney
SECRETARY, DEPARTMENT OF SOCIAL SECURITY
or Cm nae 4. con Fae
FEDERAL COURT ALETRALIA oF
PAUINCEP a REGIS
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G622 of 1986 ) )
GENERAL DIVISION
On Appeal from the General Administrative Division of the Administative Appeals Tribunal
BETWEEN: VAN CONG HUYNH
Applicant
AND: SECRETARY, DEPARTMENT OF SOCIAL SECURITY
Respondent
CORAM: Davies J.
DATE: 27 October 1987
PLACE: Sydney.
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The appeal be dismissed.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G622 of 1986 ) )
GENERAL DIVISION
On Appeal from the General Administrative Division of the Administative Appeals Tribunal
BETWEEN: VAN CONG HUYNH Applicant AND: SECRETARY, DEPARTMENT OF SOCIAL SECURITY Respondent
CORAM: Davies J. DATE: 27 October 1987 PLACE: Sydney.
REASONS FOR JUDGMENT
This is an appeal from a decision of the Administrative Appeals Tribunal which affirmed a decision cancelling the entitlement of the applicant, Mr Van Cong Huynh, to family allowance with respect to three of his children who reside in Vietnam with their mother, Mr Huynh's
wife.
I need not deal with the facts at any length. After the unification of Vietnam in 1975, Mr Huynh was sent to a re-education centre and was retained there for three years. During this time, the two eldest children stayed with Mr Huynh's parents in Sadet while the two younger children stayed with their mother at her parent's residence in Vinh Long. Upon Mr Huynh's release, the family was reunited and for a number of years lived 1n Mr Huynh's home village of Sadet. A
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