Ahamed v Secretary, Department of Human Services [2021] FCA 1441

Federal Court of Australia

Ahamed v Secretary, Department of Human Services [2021] FCA 1441 Appeal from: Application for judicial review: CJCY and Secretary, Department of Social Services (Social services second review) [2020] AATA 4939

File number(s): VID 827 of 2020

Judgment of: KERR J

Date of judgment: 23 November 2021

Catchwords: SOCIAL SECURITY – purported appeal from the Administrative Appeals Tribunal – entitlement to a disability support pension – applicants entitlement to rent assistance – objection to competency – objection upheld

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Social Security Act 1991 (Cth) Federal Court Rules 2011(Cth)

Cases cited: CJCY and Secretary, Department of Social Services (Social services second review) [2020] AATA 4939 Haritos v Commissioner of Taxation [2015] FCAFC 92

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 43

Date of hearing: 6 September 2021

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondent: Mr Brown

Solicitor for the Respondent: Australian Government Solicitor

ORDERS VID 827 of 2020

BETWEEN: MOHAMMAD AHAMED Applicant

AND: SECRETARY, DEPARTMENT OF HUMAN SERVICES Respondent

order made by: KERR J DATE OF ORDER: 23 NOVEMBER 2021

THE COURT ORDERS THAT:

1. The Respondent's Notice of Objection to Competency filed 24 March 2021 be upheld. 2. The Applicant's amended Notice of Appeal filed 14 May 2021 be dismissed. 3. The Applicant pay the Respondent's costs as may be agreed, or in default of agreement, as may be taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.