Haidar, Naim v Secretary, Department of Social Security [1998] FCA 994

FEDERAL COURT OF AUSTRALIA SOCIAL SECURITY – appeal from decision of the Administrative Appeals Tribunal setting aside a decision precluding the applicant from receiving any social security payments during a period of 63 weeks and substituting for that a decision having the effect that the applicant was precluded from receiving social security payment during a period of 47 weeks – special circumstances – discretion of the Secretary or the Administrative Appeals Tribunal to treat the lump sum compensation payment as not having been made or not liable to be made where special circumstances make it appropriate – whether and to what extent Tribunal entitled to take into account facts exisiting at the time of the hearing but after the preclusion period ADMINISTRATIVE LAW – whether Tribunal failed to provide adequate reasons to support the manner in which it exercised its discretion – whether Tribunal placed too much weight or undue emphasis upon certain findings in exercising its discretion – whether Tribunal failed to give sufficient weight or emphasis to certain factors in the exercise of its discretion – whether Tribunal's decision was unreasonable in the Wednesbury sense – whether Tribunal failed to take into account relevant considerations – whether the Tribunal took into account irrelevant considerations in the exercise of its discretion Social Security Act 1991 (Cth) – ss 1184, 1165 Administrative Appeals Tribunal Act 1975 (Cth) – s 43(2B) Minister for Immigration & Ethnic Affairs v Pochi (1980) 44 FLR 41 – cited Collins v Repatriation Commission (1980) 48 FLR 198 – cited Australian Telecommunications Corp. v Davis (1991) 30 FCR 467 – cited Dornan v Riordan (1990) 95 ALR 451 (1990) 24 FCR 564 – considered Australian Telecommunications Commission v Barker (1990) 12 AAR 490 – cited Farrelly v Minister for Immigration, Local Government & Ethnic Affairs, unreported, Federal Court, 9 May 1991, Hill J – cited