Rana v Repatriation Commission [2011] FCAFC 123

FEDERAL COURT OF AUSTRALIA

Rana v Repatriation Commission [2011] FCAFC 123 Citation: Rana v Repatriation Commission [2011] FCAFC 123

Appeal from: Rana v Repatriation Commission [2010] FCA 280

Parties: RANJIT SHAMSHER JUNG BAHADUR RANA v REPATRIATION COMMISSION

File number: SAD 36 of 2010

Judges: KENNY, STONE AND LOGAN JJ

Date of judgment: 21 September 2011

Catchwords: ADMINISTRATIVE LAW – Administrative Appeals Tribunal – practice and procedure – judicial review of decision of the Tribunal to proceed by way of determining an antecedent question – decision open to Tribunal to make in the exercise of its powers under the Administrative Appeals Tribunal Act 1975 (Cth) – no denial of procedural fairness in deciding to hear the antecedent question – no utility in judicial review application – appeal dismissed

Legislation: Constitution s 75(v) Administrative Appeals Tribunal Act 1975 (Cth) ss 33, 43, 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) Defence Service Homes Act 1918 (Cth) Judiciary Act 1903 (Cth) s 39B Veterans' Entitlements Act 1986 (Cth) ss 68, 69, 70

Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 considered Director-General of Social Services v Chaney (1980) 47 FLR 80 cited Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 applied Rana v Repatriation Commission [2010] FCA 280 affirmed Rana v Repatriation Commission [2010] FCA 281 cited Re Rana and Repatriation Commission [2009] AATA 671 cited Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 followed Whiteman v Department of Veterans' Affairs (1996) 69 FCR 510 cited