Secretary, Department of Social Services v Vader (by his litigation guardian) [2023] FCA 439

Federal Court of Australia

Secretary, Department of Social Services v Vader (by his litigation guardian) [2023] FCA 439 Appeal from: A decision of the Administrative Appeals Tribunal

File number: WAD 31 of 2023

Judgment of: COLVIN J

Date of judgment: 9 May 2023

Catchwords: SOCIAL SECURITY - application for judicial review of a decision of the Administrative Appeals Tribunal - where Tribunal held respondent is eligible for disability support pension - where respondent does not meet residency requirement for pension - where respondent claims that he meets the residency requirement by operation of an agreement between Australia and the United States - consideration of meaning of United States period of coverage in the agreement - where legal error in ultimate conclusion not shown - appeal dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Social Security (International Agreements) Act 1999 (Cth) s 6, Schedule 13 Social Security Act 1991 (Cth) s 94 Social Security Act (42 U.S.C. 417) Title II, ss 217, 231

Cases cited: Applicant A v Minister for Immigration and Ethnic Affairs (1997) 190 CLR 225 Burnside and Secretary, Department of Families, Community Services and Indigenous Affairs [2006] AATA 1048 Comptroller-General of Customs v Pharm-A-Care Laboratories Pty Ltd [2020] HCA 2; (2020) 270 CLR 494 Great China Metal Industries Co Ltd v Malaysian International Shipping Corporation Berhad (1998) 196 CLR 161 Osland v Secretary to the Department of Justice [2010] HCA 24; (2010) 241 CLR 320 Pilkington (Australia) Ltd v Minister of State for Justice & Customs [2002] FCAFC 423; (2002) 127 FCR 92 Repatriation Commission v O'Brien (1985) 155 CLR 422 Roy Morgan Research Centre Pty Ltd v Commissioner of State Revenue (Vic) [2001] HCA 49; (2001) 207 CLR 72 Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mahrous [2013] FCAFC 75; (2013) 213 FCR 532