Elbehidi v Secretary, Department of Employment [2015] FCA 1229

FEDERAL COURT OF AUSTRALIA

Elbehidi v Secretary, Department of Employment [2015] FCA 1229 Citation: Elbehidi v Secretary, Department of Employment [2015] FCA 1229

Appeal from: Elbehidi v Secretary, Department of Employment [2015] AATA 228

Parties: HELAL ELBEHIDI v SECRETARY, DEPARTMENT OF EMPLOYMENT

File number: SAD 88 of 2015

Judge: WHITE J

Date of judgment: 13 November 2015

Catchwords: SOCIAL SECURITY — appeal from Administrative Appeals Tribunal — pensions, benefits and allowances — Application for Newstart Allowance — applicant operating business that is not making a profit — whether applicant was "unemployed" — discretion available to treat applicant as being unemployed for Newstart Allowance — discretion not exercised — decision under review affirmed.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Social Security Act 1991 (Cth) ss 7, 593, 595, 601(1A)

Cases cited: De Gregorio v Secretary, Department of Employment and Workplace Relations [2007] AATA 1447 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Haritos v Commissioner of Taxation [2015] FCAFC 92 Louis v Department of Education, Employment and Workplace Relations [2011] AATA 30 McAuliffe v Secretary, Department of Social Security [1991] FCA 268; (1991) 23 ALD 284 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Re Drake v Minister for Immigration and Ethnic Affairs (No 2) [1979] AATA 179; (1979) 2 ALD 634 Secretary, Department of Employment and Workplace Relations v Joss [2006] FCA 884; (2006) 152 FCR 541