Dunlop v Repatriation Commission [2003] FCAFC 201

FEDERAL COURT OF AUSTRALIA

Dunlop v Repatriation Commission [2003] FCAFC 201 VETERANS' ENTITLEMENTS – Appeal from primary Judge dismissing application for review of Administrative Appeals Tribunal ("AAT") decision – claim by appellant for war widow's pension – AAT determined that death of veteran was not war-caused – AAT concluded that no reasonable hypothesis had been raised connecting the death of the veteran with the service rendered – primary Judge found no error in AAT's decision – whether a reasonable hypothesis was raised on the material before the AAT – whether AAT provided adequate reasons – whether primary Judge erred Veterans' Entitlements Act 1986 (Cth) ss 8, 9 and 120 East v Repatriation Commission (1987) 16 FCR 517 referred to Repatriation Commission v Bey (1997) 79 FCR 364 cited Repatriation Commission v Deledio (1998) 83 FCR 82 discussed Connors v Repatriation Commission (2000) 59 ALD 61 referred to Repatriation Commission v McKenna (1998) 28 AAR 7 referred to Hill v Repatriation Commission (2001) 66 ALD 293 referred to McAuliffe v Secretary, Department of Social Security (1992) 28 ALD 609 cited ITA SYLVIA DUNLOP v REPATRIATION COMMISSION V 845 OF 2002 SPENDER, TAMBERLIN AND KENNY JJ MELBOURNE 27 AUGUST 2003

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 845 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ITA SYLVIA DUNLOP

APPELLANT

AND: REPATRIATION COMMISSION

RESPONDENT

JUDGES: SPENDER, TAMBERLIN & KENNY JJ

DATE OF ORDER: 27 AUGUST 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA