Kumar v Secretary, Department of Social Services [2019] FCA 202

Kumar v Secretary, Department of Social Services [2019] FCA 202

A temporary stay order made by the Administrative Appeals Tribunal does not have the quality of finality required to be a 'decision' amenable to appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth).

Jurisdiction
Australia
Judgment Date
06 February 2019
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
['competency of Appeal' 'social Security' 'temporary Stay Orders' 'jurisdiction']
['administrative Law'] ['competency of Appeal' 'social Security' 'temporary Stay Orders' 'jurisdiction']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['whether appeal against a temporary stay order is competent' "whether the stay order is a 'decision' for the purpose of s 44 of the Administrative Appeals Tribunal Act 1975 (Cth)"]

Ratio Decidendi

A temporary stay order made by the Administrative Appeals Tribunal does not have the quality of finality required to be a 'decision' amenable to appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth).

Court Disposition

appeal dismissed

Orders

  • ['The objection to competency be upheld.' 'The appeal be dismissed.' "The applicant pay the first respondent's costs, of and incidental to the proceeding, to be taxed if not agreed."]