Hassan v Secretary, Department of Family & Community Services [1999] FCA 1720

FEDERAL COURT OF AUSTRALIA

Hassan v Secretary, Department of Family & Community Services FCA [1999] 1720 SOCIAL SECURITY – Migration Act provided for regulations requiring "maintenance guarantees" to be given in relation to persons seeking to enter or remain in Australia – Where maintenance provided to a person by the Commonwealth while maintenance guarantee in force, Commonwealth empowered to recover amount as a debt – Applicant gives "assurance of support" in respect of mother – Special benefit paid to mother during subsistence of assurance of support – Recovery proceedings by Commonwealth against applicant ‑ Whether regulation requiring provision of "assurance of support" beyond power conferred by Act ‑ Meaning of "guarantee" ‑ Whether assurance of support a "maintenance guarantee". Migration Act 1958 s 67(1)(c) Migration Regulations regs 21, 22 Migration (1989) Regulations reg 165 Social Security Act 1991 s 1237AAD Re Paterson and Secretary, Department of Employment, Education and Training (1993) 30 ALD 755 mentioned Sunbird Plaza Pty Ltd v Molony (1988) CLR 245 distinguished Permanent Trustee Co of New South Wales Ltd v Hinks (1934) 34 SR (NSW) 130 distinguished Jowitt v Callaghan (1938) 38 SR (NSW) 512 distinguished Re Adams and the Tax Agents' Board (1976) 12 ALR 239 mentioned Re Jonsson and Marine Council (No 2) (1990) 12 AAR 323 mentioned Heisler v Anglo‑Dal Ltd [1954] 1 WLR 1273 considered Grain Elevators Board (Vic) v Dunmunkle Corporation (1946) 73 CLR 70 mentioned Allina Pty Ltd v Federal Commissioner of Taxation (1991) 99 ALR 295 applied Interlego AG v Croner Trading Pty Ltd (1992) 111 ALR 577 applied

RACHID HASSAN v SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES VG 723 OF 1998

SUNDBERG J 10 DECEMBER 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 723 OF 1998