Yao v Administrative Appeals Tribunal [2011] FCA 11

FEDERAL COURT OF AUSTRALIA

Yao v Administrative Appeals Tribunal [2011] FCA 11 Citation: Yao v Administrative Appeals Tribunal [2011] FCA 11

Appeal from: Yao v Secretary, Department of Education, Employment and Workplace Relations [2010] AATA 516

Parties: QING QANG YAO v ADMINISTRATIVE APPEALS TRIBUNAL and SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

File number: NSD 919 of 2010

Judge: KATZMANN J

Date of judgment: 19 January 2011

Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeals Tribunal dismissing the applicant's application as frivolous or vexatious – where the outcome was held to be devoid of any practical effect – whether error in the AAT's decision – whether convenient for the Court to make findings of fact - Administrative Appeals Tribunal Act 1975 (Cth), ss 42B(1), 44(7)

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 42B(1), 44(7) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 10(2)(b)(ii) Social Security (Administration) Act 1999 (Cth) ss 131, 145 Social Security Act 1991 (Cth) s 629 Social Security Legislation Amendment (Employment Services Reform) Act 2009

Cases cited: Croker v Secretary, Department of Education, Employment and Workplace Relations (No 3) [2008] FCA 1473 Duncan v Hotop [2004] FCA 274 Fearnley v Australian Fisheries Management Authority [2006] FCAFC 3 Kioa v West (1985) 159 CLR 550 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Re Williams and Australian Electoral Commission (1995) 38 ALD 366 Ugur v Commissioner of the Australian Federal Police [2010] FCA 303