Chen v Secretary, Department of Social Services [2016] FCA 1474

FEDERAL COURT OF AUSTRALIA

Chen v Secretary, Department of Social Services [2016] FCA 1474 Appeal from: Application for an extension of time: Re Chen and Secretary, Department of Social Services [2016] AATA 109

File number: NSD 448 of 2016

Judge: FLICK J

Date of judgment: 8 December 2016

Catchwords: ADMINISTRATIVE LAW – appeal from Tribunal on a question of law – denial of procedural fairness or opportunity to be heard – no such denial – no question of law ADMINISTRATIVE LAW – findings as to credibility – resolution of factual questions – no question of law ADMINISTRATIVE LAW – duty of the Court to unrepresented litigants

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 2A(b), 33(1)(b), s 33(1)(c), 39(1), 43, 44(2A)

Cases cited: AMF15 v Minister for Immigration and Border Protection [2016] FCAFC 68 Brown v Repatriation Commission (1985) 7 FCR 302 Re Chen and Secretary, Department of Social Services [2016] AATA 109 Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143, (2003) 131 FCR 28 Commissioner of Taxation v Moignard [2015] FCA 143 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 Ekinci v Civil Aviation Safety Authority [2014] FCAFC 180, (2014) 227 FCR 459 Hamod v New South Wales [2011] NSWCA 375 Kasupene v Minister for Immigration and Citizenship [2008] FCA 1609, (2008) 49 AAR 77 The King v War Pensions Entitlement Appeal Tribunal, Ex parte Bott (1933) 50 CLR 228 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32, (2010) 241 CLR 390 Mentink v Secretary, Department of Social Services [2015] FCA 473, (2015) 66 AAR 205 Minister for Immigration and Border Protection v CZBP [2014] FCAFC 105 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39, (2009) 83 ALJR 1123 Re Minister for Immigration and Multicultural Affairs; ex parte Miah [2001] HCA 22, (2001) 206 CLR 57 Nipperess v Military Rehabilitation and Compensation Commission [2006] FCA 943 Parks Holdings Pty Ltd v Chief Executive Officer of Customs [2004] FCA 820, (2004) 56 ATR 210 S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71 Saunders v Commissioner of Taxation (Cth) (1988) 15 ALD 353 Sullivan v Department of Transport (1978) 1 ALD 383 SZSHV v Minister for Immigration and Border Protection [2014] FCA 253 SZSSY v Minister for Immigration and Border Protection [2014] FCA 1144