Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Polydorou v Secretary, Department of Social Services [2014] FCA 1059 Citation: Polydorou v Secretary, Department of Social Services [2014] FCA 1059
Appeal from: Polydorou and Secretary, Department of Social Services [2014] AATA 478
Parties: EVANGELOS POLYDOROU v SECRETARY, DEPARTMENT OF SOCIAL SERVICES
File number: VID 377 of 2014
Judge: MORTIMER J
Date of judgment: 3 October 2014
Catchwords: SOCIAL SECURITY – Appeal from decision of Administrative Appeals Tribunal, affirming decision of Social Security Appeals Tribunal and the Secretary to cancel the applicant's disability support pension while he was overseas – whether the AAT erred in applying s 109(2) of the Social Security (Administration) Act 1999 (Cth) to find that a favourable determination made by the SSAT took effect from the date the applicant applied for review – no error on the part of the AAT – appeal dismissed.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Social Security Act 1991 (Cth) ss 1213, 1217, 1218C Social Security (Administration) Act 1999 (Cth) ss 66A, 80, 85, 108, 109, 140, 142, 237
Cases cited: Avetmiss Easy Pty Ltd v Australian Skills Qualifications Authority [2014] FCA 314 Director of Public Prosecutions (Cth) v Keating (2013) 248 CLR 459; [2013] HCA 20 Polydorou and Secretary, Department of Social Services [2014] AATA 478
Date of hearing: 23 September 2014
Date of last submissions: 23 September 2014
Place: Melbourne
Division: GENERAL DIVISION
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