Lee v Secretary, Department of Social Services [2019] FCA 1855

FEDERAL COURT OF AUSTRALIA

Lee v Secretary, Department of Social Services [2019] FCA 1855 Appeal from: Lee v Administrative Appeals Tribunal (Administrative Appeals Tribunal, No 2019/0910, 1 March 2019)

File number: QUD 182 of 2019

Judge: RANGIAH J

Date of judgment: 13 November 2019

Catchwords: ADMINISTRATIVE LAW – appeal from decision of the Administrative Appeals Tribunal – where applicant provided notice of withdrawal but later filed further application – summary dismissal of application for review – denial of procedural fairness – whether denial of procedural fairness could have affected outcome – appeal allowed in part

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25(1), 32, 33(1), 34J, 35, 40, 40A, 42A, 42B and 44(4) Social Security (Administration) Act 1999 (Cth) ss 142(1) and 179(1) Federal Court Rules 2011 (Cth) rr 1.40 and 26.01 Explanatory Memorandum, Tribunals Amalgamation Bill 2014

Cases cited: Annetts v McCann (1990) 170 CLR 596 Commonwealth v Snell (2019) 370 ALR 1, [2019] FCAFC 57 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Morales v Minister for Immigration and Ethnic Affairs (1995) 60 FCR 550 Rana v Commonwealth [2013] FCA 189 Stead v State Government Insurance Commission (1986) 161 CLR 141 Sullivan v Department of Transport (1978) 20 ALR 323 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Tankey v Adams (2000) 104 FCR 152