Haque v Secretary, Department of Social Security [2023] FCA 474

Federal Court of Australia

Haque v Secretary, Department of Social Security [2023] FCA 474 File number: VID 507 of 2021

Judgment of: SNADEN J

Date of judgment: 17 May 2023

Catchwords: ADMINISTRATIVE LAW – application for judicial review under the Administrative Decisions (Judicial Review) 1977 Act (Cth) – whether respondent failed to make decision – whether applicant made a valid claim under social security legislation that respondent was obliged to determine – whether applicant eligible for special needs age pension – whether applicant eligible for overseas portability of special needs age pension – whether utility in exercising discretion to grant relief – whether applicant entitled to disaster recovery allowance – whether respondent failed to make decision in relation to disaster recovery allowance – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 7, 16 Social Security Act 1991 (Cth) ss 23, 36A, 772, 1061KA, 1212, 1212C, 1217 Social Security (Administration) Act 1999 (Cth) ss 16, 36, 39, 126, 129, 135

Cases cited: JJ Richards & Sons Pty Ltd v Fair Work Australia (2012) 201 FCR 297 Lambs v Moss (1983) 5 ALD 446 Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 48

Date of hearing: 3 April 2023

Counsel for the Applicant: The applicant appeared in person

Solicitor for the Respondent: Mr D Brown, Australian Government Solicitor