Zandieh-Nadem v Secertary Department of Family & Community Services [2000] FCA 1422

FEDERAL COURT OF AUSTRALIA

Zandieh-Nadem v Secretary, Department of Family & Community Services [2000] FCA 1422

Social Security – Benefits – Newly arrived residents – Two year waiting period – Exception of special benefit – Meaning of "substantial change in circumstances beyond the person's control" – arrival with funds substantially less than needed for two years – illness and disease exacerbate after arrival in Australia – Social Security Act 1991 (Cth) ss729(1) and (2), 732(1)(da), 739A(7). Social Security Act 1991 (Cth) ss 729(2), 732(1)(da), 739B, 739C, 739A(1), 739A(5), 739A(7) Migration Act 1958 (Cth) s42 Acts Interpretation Act 1901 (Cth) s48(4) Chelechkov and Department of Social Security, Re (1998) 26 AAR 321 Social Security, Department of, Secretary v Cooper (1990) 26 FCR 13 Social Security, Department of, Secretary v Secara (1998) 89 FCR 151 Spooner and Secretary, Department of Social Security. Re (1985) 3 AAR 345 Zoarder and Department of Social Security, Re (1998) 26 AAR 342 Wong v Silkfield Pty Limited (1999) 73 ALJR 1427 CDJ v VAJ (1998) 72 ALJR 1548. NAZROLLAH ZANDIEH-NADEM & ANOR v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES N633 of 2000

CONTI J 11 OCTOBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 633 OF 2000

BETWEEN: NAZROLLAH ZANDIEH-NADEM & ANOR

APPLICANTS

AND: SECRETARY TO THE DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 11 OCTOBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Order that the Appeal be upheld and the Decision of the Tribunal and the Decisions under review be set aside. 2. Further order that the case be remitted to the Tribunal for rehearing and determination. 3. Further order that the Respondents pay the Applicants' costs of the Appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.