Chen v Secretary, Department of Social Services (No 2) [2020] FCA 384

FEDERAL COURT OF AUSTRALIA

Chen v Secretary, Department of Social Services (No 2) [2020] FCA 384 Appeal from: Chen and Secretary, Department of Social Services [2019] AATA 560

File number: NSD 609 of 2019

Judge: ABRAHAM J

Date of judgment: 30 March 2020

Catchwords: SOCIAL SECURITY – appeal from decision of Administrative Appeals Tribunal (Tribunal) affirming decision to cancel various Centrelink benefits and raise a debt for the recovery of moneys previously paid – appeal pursuant to pursuant to s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) – whether Notice of Appeal contains a question of law – where Centrelink benefits were received subject to an income and assets test – whether the Tribunal made an error of law in relation to the applicant's bank accounts– whether the Tribunal made an error of law in relation to the applicant's real estate holdings – where real estate holdings alone were enough to exceed relevant assets test – where remaining grounds do not raise a question of law – appeal dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Social Security Act 1991 (Cth) ss 117, 643, 1061PA, 1064 and 1068 Social Security (Administration) Act 1999 (Cth) ss 126, 179, 142 and 235

Cases cited: Australian Postal Corporation v Edwards [2014] FCA 1348 Attorney-General for The State of New South Wales v Quin [1990] HCA 21; (1990) 170 CLR 1 Chen v Secretary, Department of Social Services [2019] FCA 1155 Chen v Secretary, Department of Social Services [2019] FCA 1595 Collector of Customs (New South Wales) v Brian Lawlor Automotive Pty Ltd [1979] FCA 21; (1979) 24 ALR 307 Comcare v Moon [2003] FCA 569; (2003) 75 ALD 160 Deputy Commissioner of Patents v Board of Control of Michigan Technological University [1979] FCA 84; (1979) 28 ALR 551 Doggett v Commonwealth Bank of Australia [2019] FCAFC 19 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Evans v Secretary, Department of Social Services [2014] FCA 491 Federal Commissioner of Taxation v Trail Bros Steel and Plastics Pty Ltd [2010] FCAFC 94; (2010) 186 FCR 410 Haritos v Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 Holland v Federal Commissioner of Taxation [1999] FCA 1125 Hussain v Minister for Foreign Affairs [2008] FCAFC 128; (2008) 169 FCR 241 In Re JRL; Ex parte CJL [1986] HCA 39; (1986) 161 CLR 342 Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488 Kara v Comcare [2011] FCA 951 Lim v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 1058 Livesey v The New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427 Minister for Immigration and Border Protection v Singh [2016] FCA 575 Rana v Repatriation Commission [2011] FCAFC 124; (2011) 126 ALD 1 Seven Network Ltd v Australian Competition and Consumer Commission [2007] FCA 1929 TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation [1988] FCA 119; (1988) 82 ALR 175