Repatriation Commission v Warren [2008] FCAFC 64

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Warren [2008] FCAFC 64

ADMINISTRATIVE LAW – whether Administrative Appeals Tribunal (the Tribunal) was entitled to rely on concession made by Repatriation Commission – true meaning and effect of concession – concession made that evidence satisfied all criteria but one for veteran's entitlement to pension and that Tribunal need concern itself only with that one Held: Tribunal entitled to act on concession, and no error of law in failing to satisfy itself independently that the other criteria were satisfied

VETERAN'S AFFAIRS – whether Administrative Appeals Tribunal (the Tribunal) was entitled to rely on concession made by Repatriation Commission – true meaning and effect of concession – concession made that evidence satisfied all criteria but one for veteran's entitlement to pension and that Tribunal need concern itself only with that one Held: Tribunal entitled to act on concession, and no error of law in failing to satisfy itself independently that the other criteria were satisfied

Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Veterans' Entitlements Act 1986 (Cth) ss 5D, 9(1), 13(1), 120, 120A, 196B

Bird v Commonwealth of Australia (1988) 165 CLR 1 cited Budworth v Repatriation Commission (2001) 63 ALD 422 cited Bushell v Repatriation Commission (1992) 175 CLR 408 cited Byrnes v Repatriation Commission (1993) 177 CLR 564 cited Comcare v Fiedler (2001) 115 FCR 328 cited Federal Commissioner of Taxation v Perkins (1993) 26 ATR 8 cited Federal Commissioner of Taxation v Raptis (1989) 20 ATR 1262 cited Ferriday v Repatriation Commission (1996) 69 FCR 521 followed Grant v Repatriation Commission (1999) 57 ALD 1 cited Kim v Minister for Immigration & Multicultural & Indigenous Affairs (2004) 38 AAR 304 cited Kuswardana v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 186considered Lodowski v Comcare (1998) 53 ALD 371 cited Peacock v Repatriation Commission [2007] FCAFC 156 cited Repatriation Commission v Deledio (1998) 83 FCR 82 discussed Repatriation Commission v Gosewinckel (1999) 59 ALD 690considered Repatriation Commission v Law (1981) 147 CLR 635 cited Repatriation Commission v Warren [2006] FCA 866 considered Stafford v Repatriation Commission (1995) 56 FCR 121cited Tefonu Pty Ltd v Insurance and Superannuation Commissioner (1993) 44 FCR 361 cited Thomas v Repatriation Commission (1994) 50 FCR 112 distinguished