Haque v Secretary Department of Social Services (Centrelink) [2024] FCA 295

Federal Court of Australia

Haque v Secretary Department of Social Services (Centrelink) [2024] FCA 295 File number(s): VID 466 of 2023

Judgment of: WHEELAHAN J

Date of judgment: 28 March 2024

Catchwords: ADMINISTRATIVE LAW — social security – application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – where the applicant was in receipt of jobseeker payments – where the applicant claimed that he had a serious heart condition – where the applicant was advised by specialists in Australia not to undergo an angioplasty – where the applicant sought treatment overseas – where the applicant wrote a letter to Services Australia before departing, purporting to make claims for pensions under ss 94, 772, and 773 of the Social Security Act 1991 (Cth) – where the applicant sought an extension of a portability period under s 1218D of the Social Security Act – where the applicant's jobseeker payment was suspended upon his departure from Australia – where the applicant's other claims were not expressly dealt with by the respondent – where Services Australia sent a letter on 19 September 2023 to the applicant dealing with certain of these matters after the commencement of this proceeding – whether the 19 September 2023 letter evinces any reviewable error on the part of the Secretary – the applicant did not make a valid claim under s 94, s 772, or s 773 – the applicant disclaimed any challenge to the suspension of his jobseeker payments – no error established – even if an error were established, relief would be refused on the ground that it would be futile – application dismissed.

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 7, 10(2)(a), 16 Social Security (Administration) Act 1999 (Cth) ss 3(2), 6A, 7, 11, 16, 36, 37, 39, 80, 126, 129, 129(5), 135, 142, 144(f), 234 Social Security Act 1991 (Cth) ss 23, 94, 772, 773, 1061ZA, 1212, 1213, 1215, 1217, 1218D Tribunals Amalgamation Act 2015 (Cth) Schedule 3