Elbayeh v Secretary, Department of Education, Employment and Workplace Relations [2012] FCA 832

FEDERAL COURT OF AUSTRALIA

Elbayeh v Secretary, Department of Education, Employment and Workplace Relations [2012] FCA 832 Citation: Elbayeh v Secretary, Department of Education, Employment and Workplace Relations [2012] FCA 832

Parties: ANIS ELBAYEH v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

File number: VID 1220 of 2011

Judge: MURPHY J

Date of judgment: 8 August 2012

Catchwords: ADMINISTRATIVE LAW – appeal from the Administrative Appeals Tribunal on questions of law – whether Administrative Appeals Tribunal erred in law – challenge to findings of fact by Administrative Appeals Tribunal SOCIAL SECURITY – decision by the Secretary to issue garnishee notice - review of decision by authorised review officer – whether authorised review officer able to consider fresh information

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Social Security Act 1991 (Cth) Social Security (Administration) Act 1999 (Cth)

Cases cited: Attorney General (NSW) v Quin (1990) 170 CLR 1 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Birdseye v Australian Securities and Investments Commission [2003] FCAFC 232 Brown v Repatriation Commission (1985) 7 FCR 302 Collins v Minister for Immigration and Ethnic Affairs (1981) 58 FLR 407 Comcare v Etheridge (2006) 149 FCR 522 Fisse v Secretary, Department of the Treasury (2008) 172 FCR 513 Lambe v Director-General of Social Services [1981] 57 FLR 262 Minister for Immigration and Multicultural Affairs v Rajalingam (1999) 93 FCR 220 Parks Holdings Pty Ltd v CEO of Customs [2004] FCA 820 Pochi v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 33 VWBF v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 154 FCR 302