Federal Court of Australia
WODGMENT No, LE LSS.
Social services - claim for family allowance by father resident in Australia of children still in Vietnam - children unable to travel to Australia because of refusal of Vietnamese Covernment ts arant cxic visas - finding by Administrative Appeals Tribunal that father excrcising a substantial degree of care and control over children from Australia - whether Tribunal's decision to refuse payment of benefit on ground that father did not have custody, care and control of children because he could not bring
them to Australia disclosed an error of law.
Social Security Act 1947, ss. 95, 96
Social Security and Repatriation Legislation Amendment Act 1985, 3. 124
VAN CONG HUYNH v. SECRETARY, DEPARTMENT OF SOCIAL SECURITY
No. G577 of 1997
f N - =f Coram: Sheppard, Morling and Burchett JJ. . 2 52 ia Place: Cydney ESS Be} my i-s\s J 2 "SS * < Date : 20 April 1998 g
I THE CEDERSAL
SCURT oF NUCSTEALIC.
UE SONTH WALES BISTRICT ERCICTE
SENEFIL DIVISIO
BETWEEN:
AND:
CORAM: CHEPPARD, PLACE: CYDNE? DATE : 2G AFRIL 1285
MINUTES
THE COURT ORDERS THAT: -
1. The appeal be allowed.
2. The
judgment of
Davies J.
No. G577 of 1987
wee
TAN CONG HUZIH
Appeliant
SECRETARY, DEPARTMENT OF SOCIAL SECURITY
Respondent
MORLING and BURCHETT JJ.
OF ORDER
and the decision of the
Administrative Appeals Tribunal dated 11 November 1986 be set
aside.
3. The matter be remitted to the Administrative Appeals Tribunal
to be heard and decided again.
1, The
respondent pay the
costs
of the appellant of the
proceedings before Davies J. and of the appeal.
NSTE: Cettlement and cntr-
=f the Federal Cource
it) THE FEDERAL COURT OF ".UETROALIN
NEW SOUTH WALES DISTRICT RECISTEY
pt] ie) Oo 16)sal is) wy ra) 1o to CENERAL DIVICION
BETWEEN :
YAN CONG HUYNH
Appeilant ANE:
SECRETARY, DEPARTMENT OF SOCIAL SECURITY
Respondent
CORAM: CHEPPARD, MORLING and BURCHEIT JJ. DATE : 20 APRIL 1988
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