Bornecrantz v Secretary, Department of Social Services [2020] FCA 981

Bornecrantz v Secretary, Department of Social Services [2020] FCA 981

The application for extension of time to seek leave to appeal was dismissed because there was no reasonable prospect of success in the proposed appeal; the applicant did not challenge the first basis for the Tribunal’s dismissal (failure to comply with a direction), and even if the time were extended, the grounds advanced did not identify any legal error in the primary judge’s decision nor cast any doubt on its correctness. The legislative requirement of residence is valid and precludes entitlement to the age pension solely on the basis of citizenship.

Parties
Applicant: Elizabeth Frances Bornecrantz; First Respondent: Secretary, Department of Social Services; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
13 July 2020
Procedural Posture
Application for Extension of Time for Leave to Appeal / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
Extension of Time, Leave to Appeal, Summary Dismissal, Residence Requirements for Age Pension, Powers of Administrative Appeals Tribunal
Administrative Law Social Security Law Practice and Procedure Extension of Time Leave to Appeal Summary Dismissal Residence Requirements for Age Pension Powers of Administrative Appeals Tribunal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Elizabeth Frances Bornecrantz

Applicant

Secretary, Department of Social Services

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Application for Extension of Time for Leave to Appeal / Final Judgment

Legal Issues

  1. 1 Whether time should be extended for seeking leave to appeal
  2. 2 Whether the proposed appeal is reasonably arguable
  3. 3 Entitlement to age pension for Australian citizens irrespective of residence

Ratio Decidendi

The application for extension of time to seek leave to appeal was dismissed because there was no reasonable prospect of success in the proposed appeal; the applicant did not challenge the first basis for the Tribunal’s dismissal (failure to comply with a direction), and even if the time were extended, the grounds advanced did not identify any legal error in the primary judge’s decision nor cast any doubt on its correctness. The legislative requirement of residence is valid and precludes entitlement to the age pension solely on the basis of citizenship.

Court Disposition

Application dismissed with costs

Orders

  • The application for an extension of time to seek leave to appeal is dismissed.
  • The applicant pay the first respondent's costs.