Curtis-Smith v Secretary, Department of Social Services [2015] FCA 1115

FEDERAL COURT OF AUSTRALIA

Curtis-Smith v Secretary, Department of Social Services [2015] FCA 1115 Citation: Curtis-Smith v Secretary, Department of Social Services [2015] FCA 1115

Appeal from: Curtis-Smith and Secretary, Department of Social Services [2015] AATA 152

Parties: JAMES CURTIS-SMITH v SECRETARY, DEPARTMENT OF SOCIAL SERVICES

File number(s): NSD 650 of 2015

Judge(s): BUCHANAN J

Date of judgment: 22 October 2015

Catchwords: ADMINISTRATIVE LAW – appellant not granted social security payment (age pension) under Social Security (Administration) Act 1999 (Cth) – Administrative Appeals Tribunal found appellant not an "Australian resident" under Social Security Act 1991 (Cth) s 7 – appellant had relocated to Philippines at time of making social security payment application – Administrative Appeals Tribunal considered each element in Social Security Act 1991 (Cth) s 7(3) – appellant claimed personal exception to "General rule" of Social Security (Administration) Act 1999 (Cth) s 29 – appellant's argument misconceived – no error on a question of law by the Administrative Appeals Tribunal – appellant did not meet the requirements of Social Security (Administration) Act 1999 (Cth) s 29 to obtain social security payment

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Social Security Act 1991 (Cth), ss 7, 7(3), 43 Social Security (Administration) Act 1999 (Cth), ss 29, 29(1), 29(1)(a), 29(1)(b), 30, 30A, 31, 31A, 32

Date of hearing: Heard on the papers

Date of last submissions: 17 August 2015 (appellant) 11 September 2015 (respondent)