Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dowker v Secretary, Department of Social Services [2017] FCA 1175 Appeal from: Dowker v Secretary, Department of Social Services [2016] AATA 763
File number: SAD 269 of 2016
Judge: CHARLESWORTH J
Date of judgment: 5 October 2017
Catchwords: STATUTORY INTERPRETATION – crisis payment payable under social security legislation where claimant leaves home because of an extreme circumstance – meaning of extreme circumstance – claimant forcibly evicted and homeless for nine months after forcible eviction from home – claimant on notice – claimant not eligible on facts – government policy inconsistent with statute – policy not an aid to construing statute
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Migration Act 1958 (Cth) Social Security Act 1991 (Cth), s 1061JH Federal Court Rules 2011 (Cth), r 4.12
Cases cited: Arcibal v Secretary, Department of Family and Community Services [2002] FCA 1313 Khoury v Government Insurance Office (NSW) (1984) 165 CLR 622 Kowalski v Repatriation Commission [2009] FCAFC 107, (2009) 259 ALR 444 Kumar v Minister for Immigration and Ethic Affairs (1997) 50 ALD 488 Man Ki Kim v Minister for Immigration and Ethnic Affairs (1995) 37 ALD 481 Re Drake v Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 Secretary, Department of Social Security v "SRA" (1993) 43 FCR 299
Date of hearing: 20 April 2017
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