Title: AAT Bulletin Issue 24/2015, 15 June 2015 [RTF version]
Author: Caroline Wang
Last saved by: Novello, Mary
Company: ZOO Communications

AAT Bulletin

Issue No.  24/2015	15 June 2015
The AAT Bulletin is a weekly publication containing a list of recent AAT decisions and information relating to appeals against AAT decisions. The Bulletin occasionally includes information on legislative changes that affect the AAT and other important developments.  
It is recommended that the Bulletin be read on-line. This has the advantage of allowing the reader to use hyperlinks to access the full text of cases and other internet sites mentioned in the Bulletin. 
The AAT does not make any representation or warranty about the accuracy, reliability, currency or completeness of any material contained in this Bulletin or on any linked site. While the AAT makes every effort to ensure that the material in the Bulletin is accurate and up-to-date, you should exercise your own independent skill and judgement before you rely on it. Information contained in this Bulletin is not legal advice and is intended as a general guide only.  You should rely on your own advice or refer to the full cases and legislation in relation to any proceedings.
Enquiries regarding this publication may be directed to aatweb@aat.gov.au. 
Contents
AAT Recent Decisions
Immigration and Citizenship
Social Security
Veterans’ Affairs
Appeals
Appeals lodged
Appeals finalised

AAT Recent Decisions
This section of the Bulletin provides information about decisions recently published by the AAT.  Only AAT decisions that have been published on AustLII have been included.  Full copies of the decisions can be accessed through the hyperlinks provided below.  
Immigration and Citizenship
Brown and Minister for Immigration and Border Protection [2015] AATA 414; 12/6/2015; Professor R Deutsch, Deputy President
Character test – whether Applicant is of good character – decision under review affirmed
Social Security
Anwar; Secretary, Department of Social Services and [2015] AATA 413; 12/6/2015; Senior Member JF Toohey
Disability support pension (DSP) – portability period  – DSP suspended and then cancelled – whether Centrelink should have cancelled DSP – whether preferable decision was to continue suspension until Applicant returned to Australia – payability – whether cancellation was rational and proportionate in the circumstances – decision to cancel pension set aside
Brown and Secretary, Department of Social Services [2015] AATA 409; 11/6/2015; Miss EA Shanahan, Member
Residential aged care – calculation of the residential care subsidy payable to an approved provider – assessment of assets – whether or not value of care recipients principle place of residence/home can be disregarded – provision of care by resident fund – period of some residence in question – on the balance of probabilities s 44-26A(6)(b) satisfied until 4 May 2015  – decision set aside and substituted
Butters and Secretary, Department of Social Services [2015] AATA 406; 9/6/2015; Ms S Taglieri, Member
Disability Support Pension – whether condition(s) including psychological condition result in 20 points of impairment – whether there is continuing inability to work – decision affirmed
Daley and Secretary, Department of Social Services [2015] AATA 412; 12/6/2015; Dr I Alexander, Member
Disability support pension – whether Applicant’s conditions were fully diagnosed, treated and stabilised – whether Applicant’s impairment is rated 20 points or more under the Impairment Tables – decision affirmed

Dunn; Secretary, Department of Social Services and [2015] AATA 401; 5/6/2015; Mr I Thompson, Member
Disability support pension – permanent conditions – whether Respondent has an impairment rating of 20 points or more under the Impairment Tables – whether Respondent had a continuing inability to work – whether Respondent has a severe impairment – decision under review affirmed
Makram and Secretary, Department of Social Services [2015] AATA 408; 10/6/2015; Dr I Alexander, Member
Disability support pension – whether Applicant’s conditions were fully diagnosed, treated and stabilised – whether Applicant’s impairment is rated 20 points or more under the Impairment Tables – decision affirmed
Nelson and Secretary, Department of Social Services [2015] AATA 405; 5/6/2015; Senior Member AF Cunningham
Age pension-lump sum compensation payment – preclusion period – special circumstances – decision under review set aside
Nguyen and Secretary, Department of Social Services [2015] AATA 407; 10/6/2015; Dr I Alexander, Member
Disability support pension – whether Applicant’s conditions were fully diagnosed, treated and stabilised – whether Applicant’s impairment is rated 20 points or more under the Impairment Tables – decision affirmed

Sayers and Secretary, Department of Social Services [2015] AATA 410; 11/6/2015; Senior Member BJ McCabe
Disability support pension – multiple medical conditions – sleep apnoea not fully diagnosed, treated and stabilised – other conditions attract insufficient impairment points – medical criteria not satisfied – decision under review affirmed
Veterans’ Affairs
Maloney and Repatriation Commission [2015] AATA 404; 5/6/2015; Deputy President JW Constance
Pension – special rate of pension – whether incapacity from accepted conditions of itself alone renders Applicant totally or permanently incapacitated – non-accepted conditions of obesity and sleep apnoea – time out of workforce and age relevant 
Pension – intermediate rate of pension – whether incapacity from accepted conditions of itself alone renders Applicant incapable of working part-time or intermittently – whether accepted conditions alone prevent from continuing to undertake remunerative work – decision affirmed
Mossman and Repatriation Commission [2015] AATA 346; 21/5/2015; Deputy President IR Molloy
War widow's pension – whether death war-caused – whether tobacco consumption related to service – reasonable hypothesis connecting death with service –- hypothesis considered reasonable –  ischaemic heart disease – decision set aside and substituted
Sheldon and Repatriation Commission [2015] AATA 415; 12/6/2015; Deputy President PE Hack SC
Veterans’ entitlements – pension – special rate – what type of work may be undertaken with Applicant’s skills, qualifications or experience – whether, realistically and practically, a backhoe operator is expected to undertake some manual labour – whether there are other reasons preventing continuing remunerative work – decision under review set aside
Appeals 
This section of the Bulletin provides information about appeals against AAT decisions that have been lodged or finalised.  Only appeals in relation to AAT decisions that have been published on AustLII have been included.  Full copies of the decisions can be accessed through the hyperlinks provided below.  
Appeals lodged
CASE NAME | AAT reference
Khorramdel v Secretary, Department of Social Services | [2015] AATA 383
Hananeia v Secretary, Attorney-General’s Department | [2015] AATA 319
Appeals finalised
CASE NAME | AAT reference | court Reference
Mulligan v National Disability Insurance Agency | [2014] AATA 374 | [2015] FCA 544
Minister for Immigration and Border Protection v Tran | [2014] AATA 957 | [2015] FCA 546
Pattle v Department of Social Services | [2014] AATA 683 | [2015] FCA 556

Cao v Secretary, Department of Families, Housing, Communities Services and Indigenous Affairs

[2013] AATA 591

[2015] FCA 563
[2014] FCA 52

O’Donnell v K & S Freighters Pty Ltd | [2014] AATA 437 | [2015] FCA 573

© Commonwealth of Australia 2015

With the exception of the Commonwealth Coat of Arms and any third party material, this work is licensed under a Creative Commons Attribution 3.0 Australia Licence.  Content from this publication should be attributed as: Administrative Appeals Tribunal, AAT Bulletin.
To the extent that copyright subsists in third party material, it remains with the original owner and permission may be required to reuse the material.
The terms under which the Coat of Arms can be used are detailed on the following website: http://www.itsanhonour.gov.au/coat-arms/. 
Enquiries regarding the licence are welcome at aatweb@aat.gov.au. 
This licence is limited to the AAT Bulletin and does not extend to the full text of AAT decisions.  Separate licence terms for AAT decisions can be found on AustLII.  Those terms provide that section 182A of the Copyright Act 1968 applies.

AAT Bulletin		 issue 24/2015 aat