Arifin v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] FCA 1162

FEDERAL COURT OF AUSTRALIA

Arifin v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] FCA 1162 Citation: Arifin v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] FCA 1162

Appeal from: Arifin and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 429 Arifin and Decision Maker [2013] AATA 502

Parties: FATWIDAH ARIFIN v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

File number: NSD 1233 of 2013 NSD 1617 of 2013

Judge: KATZMANN J

Date of judgment: 7 November 2013

Catchwords: SOCIAL SECURITY – disability support pension – date from which applicant entitled to payment – Social Security Act 1991 (Cth), s 23 – Social Security (Administration) Act 1999 (Cth), ss 13 and 15. ADMINISTRATIVE LAW – Administrative Appeals Tribunal – appeal from Tribunal finding that applicant entitled to payment of disability support pension from an earlier date – whether appeal raised question of law – Administrative Appeals Tribunal Act 1975 (Cth), s 44 – whether remedy available under Administrative Decisions (Judicial Review) Act 1977 (Cth). ADMINISTRATIVE LAW – jurisdiction – claim in Administrative Appeals Tribunal for compensation – treated as claim for compensation for disability discrimination – whether Tribunal erred in treatment of claim and in finding absence of jurisdiction – whether bound to examine merits of claim – absence of reviewable decision – apprehended bias – no reasonable apprehension of bias – Administrative Appeals Tribunal Act 1975 (Cth), s 25.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5(1) Disability Discrimination Act 1992 (Cth) Social Security (Administration) Act 1999 (Cth) ss 3(2), 11(1), s 15(4A), 16, s 179 Social Security Act 1991 (Cth) s 23