Mentink v Secretary, Department of Social Services [2015] FCA 473

FEDERAL COURT OF AUSTRALIA

Mentink v Secretary, Department of Social Services [2015] FCA 473 Citation: Mentink v Secretary, Department of Social Services [2015] FCA 473

Appeal from: Mentink v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] AATA 184

Parties: WILFRED JAN REINIER MENTINK v SECRETARY, DEPARTMENT OF SOCIAL SERVICES

File number(s): QUD 179 of 2013

Judge(s): GREENWOOD J

Date of judgment: 18 May 2015

Catchwords: SOCIAL SECURITY – consideration of whether the respondent fell into error by suspending under s 80(1) of the Social Security (Administration) Act 1999 (Cth) social security payments in the form of an age pension to the applicant – consideration of the question of whether the applicant was qualified for an age pension having regard to the provisions of the Social Security (Administration) Act 1999 (Cth) and the Social Security Act 1991 (Cth) – consideration of whether the integers of s 1220(1) of the Social Security Act 1991 (Cth) were satisfied – consideration of the notion of whether the applicant was "an Australia resident" at the relevant time – consideration of the powers of the Administrative Appeals Tribunal

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 43(1), 44(1) Social Security (Administration) Act 1999 (Cth), ss 11(1), 16(1), 29, 37, 80(1), 142(4)(a), 179(1), 179(2)(a) Social Security Act 1991 (Cth), ss 7, 23, 43, 1213, 1214, 1217, 1220 Federal Court Rules 2011, r 33.12(2)(b)

Cases cited: Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 - cited Uelese v Minister for Immigration and Border Protection [2015] HCA 15 - cited Queensland v Congoo [2015] HCA 17 - cited