Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Manikantan v Secretary, Department of Jobs and Small Business [2019] FCA 2103 Appeal from: Manikantan and Secretary, Department of Jobs and Small Business (Social services second review) [2018] AATA 685 (29 March 2018)
File number: NSD 661 of 2018
Judge: ABRAHAM J
Date of judgment: 13 December 2019
Catchwords: SOCIAL SECURITY– appeal from decision of Administrative Appeals Tribunal (Tribunal) affirming decision to cancel Newstart allowance – whether failure to raise a provision of the Social Security (Administration) Act 1999 (Cth) amounted to a denial of procedural fairness – whether the Tribunal erroneously identified or applied a statutory test – whether the Tribunal failed to consider the applicant's submission – appeal allowed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Social Security Act 1991 (Cth) ss 593, 601, 605, 606 Social Security (Administration) Act 1999 (Cth) ss 68, 80, 95
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 236 FCR 593 Attorney-General for The State of New South Wales v Quin [1990] HCA 21; (1990) 170 CLR 1 Civil Aviation Safety Authority v Central Aviation Pty Ltd [2009] FCAFC 137; (2009) 179 FCR 554 Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143; (2003) 131 FCR 28 Collector of Customs v Pozzolanic [1993] FCA 456; (1993) 43 FCR 280 Comcare v Singh [2012] FCA 136 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] FCA 1074; (1994) 49 FCR 576 Dennis Willcox Pty Ltd v Federal Commissioner of Taxation [1988] FCA 123; (1988) 79 ALR 269 Evans v Secretary, Department of Social Services [2014] FCA 491 Haritos v Federal Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 Kara v Comcare [2011] FCA 951 Minister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Seven Network Ltd v Australian Competition and Consumer Commission [2007] FCA 1929; (2007) 164 FCR 127
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