Saddi v Secretary, Department of Social Security [1995] FCA 792

CATCHWORDS ADMINISTRATIVE LAW - application for extension of time under s 44 of Administrative Appeals Tribunal Act (1975) - review of decision of Social Security Appeals Tribunal - whether applicant entitled to rent assistance when in receipt of unemployment or special benefits or paying Government rent to Housing Commission of New South Wales. Administrative Appeals Tribunal Act (1975) s 44 Administrative Appeals Tribunal Act (1975) s 43(2A) Social Security Act (1947) s 112(A) Social Security & Repatriation (Budget Measures) Amendment Act (No 127 of 1985) s 64 Social Security Act (1991) s 1068-F1(b) General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 AWAD SADDI v SECRETARY, DEPARTMENT OF SOCIAL SECURITY No. NG 330 of 1995 Tamberlin J Sydney 6 October 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY)No. NG 330 of 1995 GENERAL DIVISION ) BETWEEN: AWAD SADDI Applicant AND: ADMINISTRATIVE APPEALS TRIBUNAL First Respondent SECRETARY, DEPARTMENT OF SOCIAL SECURITY Second Respondent CORAM: TAMBERLIN J PLACE: SYDNEY DATED: 6 OCTOBER 1995 MINUTE OF ORDER THE COURT ORDERS THAT: 1. The application be dismissed with no order for costs NOTE: Settlement and entry of orders is dealt with in accordance with Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 330 of 1995 GENERAL DIVISION ) BETWEEN: AWAD SADDI Applicant AND: ADMINISTRATIVE APPEALS TRIBUNAL First Respondent SECRETARY, DEPARTMENT OF SOCIAL SECURITY Second Respondent CORAM: TAMBERLIN J PLACE: SYDNEY DATED: 6 OCTOBER 1995 REASONS FOR JUDGMENT This is an application by Mr Saddi for an extension of time to file a Notice of Appeal under s 44 of the Administrative Appeals Tribunal Act (1975) from a decision of the Administrative Appeals Tribunal made on 9 January 1995. The written reasons for this decision were issued on 26 May 1995 at the request of Mr Saddi. The relevant statutory provisions are as follows: "44. (1) A party to a proceeding before the Tribunal may appeal to the Federal Court of Australia, on a question of law, from any decision of the Tribunal in that proceeding. .....