Ambrose v Commonwealth of Australia [2021] FCAFC 88 (28 May 2021) (Collier, Griffiths and Abraham JJ)


Catchwords:


SOCIAL SECURITY – appeal from decision of primary judge to dismiss application for judicial review under Administration Decisions (Judicial Review) Act 1977 (Cth) – appellant’s Newstart allowance suspended for non-compliance with mutual obligation requirements under s 42AF of Social Security (Administration) Act 1999 (Cth) –legislative scheme of Pt 3, Div 3AA considered – where suspension decision made under s 42AF(1)(a) – where allowance reinstated and appellant repaid allowance without imposition of “reconnection requirement” – appellant sought review of respondent’s conduct in allegedly refusing to conduct internal review of suspension decision – where s 129 internal review decision provided to appellant after judicial review proceedings instigated – judicial review proceedings futile – adequate provision of merits review in Administrative Appeals Tribunal – no denial of procedural fairness – no appealable error established