Federal Court of Australia
Federal Court of Australia
Prahauser v Administrative Appeals Tribunal [2020] FCA 1658 Appeal from: Prahauser v Secretary, Department of Social Services [2020] AATA 105
File number: SAD 32 of 2020
Judgment of: WHITE J
Date of judgment: 17 November 2020
Catchwords: ADMINISTRATIVE LAW – appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – whether error of law in the review by the Administrative Appeals Tribunal of a decision made under the Social Security Act 1991 (Cth) – whether decision of Tribunal legally unreasonable – appeal dismissed.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 43, 44 Social Security Act 1991 (Cth) ss 26, 27, 94 Society Security (Administration) Act 1999 (Cth) ss 41, 42, 179
Cases cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 AZAFG v Minister for Immigration and Border Protection [2016] FCA 81; (2016) 242 FCR 566 Haritos v Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 Kelk v Australian Postal Corporation [2014] FCA 147 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 231 FCR 437 Minister for Immigration and Border Protection v Stretton [2016] FCAFC 11; (2016) 237 FCR 1 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Osland v Secretary to the Department of Justice [2010] HCA 24; (2010) 241 CLR 320 Plaintiff S53-2019 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] HCA 42 Re Bobera and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] AATA 922 Re Fanning and Secretary, Department of Social Services [2014] AATA 447 Secretary, Department of Social Services and Seyfang [2016] AATA 243 Sesalim v Secretary, Department of Social Services [2018] FCA 1159; (2018) 75 AAR 476 TTY167 v Republic of Nauru [2018] HCA 61; (2018) 362 ALR 246
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