Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mahrous (No 2) [2012] FCA 1275

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mahrous (No 2) [2012] FCA 1275 Citation: Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mahrous (No 2) [2012] FCA 1275

Appeal from: Mahrous v Secretary, Department of Families, Housing, Community Services & Indigenous Affairs [2012] AATA 355

Parties: SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS v RAIF MAHROUS (AS LITIGATION REPRESENTATIVE FOR ANDRO MAHROUS)

File number: QUD 340 of 2012

Judge: LOGAN J

Date of judgment: 31 October 2012

Catchwords: SOCIAL SECURITY – disability support pension – appeal from Administrative Appeals Tribunal – question of law raised pertaining to operation of "social security law" insofar as this includes Social Security Act 1991 (Cth) as read with Social Security (International Agreements) Act 1999 (Cth) – respondent a child born overseas – whether tribunal correctly decided child had ten years qualifying Australian residence – whether child entitled to receive disability support pension – child met requirements for ten years qualifying Australian residence as informed by "social security law" – application dismissed STATUTORY INTERPRETATION – construction of Australian legislation giving effect to international obligations – principles enunciated in Russell v Commissioner of Taxation (2011) 190 FCR 449 – international agreement formed part of schedule to Australian legislation – primary object to construe all of the provisions in a way which is consistent with the language and purpose of all of the provisions in the statute: Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355