Rana v Chief of Army Staff [2006] FCAFC 63

FEDERAL COURT OF AUSTRALIA

Rana v Chief of Army Staff [2006] FCAFC 63 PROCEDURAL FAIRNESS - whether an opportunity to comment upon material responsive to an applicant's material needs to be provided to the applicant for comment where it raises no new issues - whether an adviser to the delegate understood the question to be addressed Statutes Administrative Decisions (Judicial Review) Act 1977 (Cth) Defence Act 1903 (Cth) ss 44, 44(2),90 Defence Force Retirement and Death Benefits Act 1973 (Cth) ss 3, 37 Defence Legislation Amendment (Enhancement of the Reserves and Modernisation) Act 2001 (Cth) Cases Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] 222 ALR 411 Followed Broussard v Minister for Immigration, Local Government and Ethnic Affairs (1989) 98 ALR 180 Followed Century Metals and Mining NL v Yeomans ([1989] FCA 383) Followed Defence Force Retirement and Death Benefits Authority v Britt (1984) 4 FCR 306 Cited Kioa v West (1985) 159 CLR 550 Referred Lek v Minister for Immigration, Local Government and Ethnic Affairs (1993) 43 FCR 100 Cited Minister for Immigration and Multicultural and Indigenous Affairs: ex parte PALME (2003) 201 ALR 327 Cited Re Ruddock (in his capacity as Minister for Immigration and Multicultural Affairs); ex parte Applicant S154/2002 (2003) 201 ALR 437 Followed Sullivan v Dept of Transport (1978) 20 ALR 323 Followed Wickramagema v Griffin (1990) 95 ALR 187 Cited

RANJIT SHAMSHER JUNG BADADUR RANA v CHIEF OF ARMY STAFF SAD 222 OF 2005 KIEFEL, KENNY & GRAHAM JJ BRISBANE (HEARD IN ADELAIDE) 12 MAY 2006

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 222 OF 2005

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

BETWEEN: RANJIT SHAMSHER JUNG BADADUR RANA

APPELLANT