Federal Court of Australia
Federal Court of Australia
Noy v Secretary, Department of Social Services [2021] FCA 83 Appeal from: Application for review of a decision by the Administrative Appeals Tribunal made on 30 April 2019
File number: VID 566 of 2019
Judgment of: SNADEN J
Date of judgment: 11 February 2021
Catchwords: SOCIAL SECURITY - appeal from a decision of the Administrative Appeals Tribunal (AAT) – AAT affirmed a decision rejecting the applicant's age pension application – whether the applicant was a "member of a couple" – whether the AAT failed to take into account relevant evidence – whether the AAT misapplied s 24 of the Social Security Act 1991 (Cth) – whether the decision of the AAT was legally unreasonable – application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) – s 44 Social Security Act 1991 (Cth) – ss 4 and 24
Cases cited: Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315 Holpitt Pty Ltd v Varimu Pty Ltd (1991) 29 FCR 576 House v R (1936) 55 CLR 499 Jess v Scott (1986) 12 FCR 187 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 P v Child Support Registrar (2013) 138 ALD 563 Pelka v Secretary, Department of Family and Community Services (2006) 151 FCR 546 Singh and Minister for Immigration and Border Protection v Stretton (2016) 237 FCR 1 Wu v Attorney General (1997) 79 FCR 303
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