Meyza, Felix v Repatriation Commission [1997] FCA 97

CATCHWORDS VETERANS - jurisdiction of Administrative Appeals Tribunal - applications for review of decisions relating to TPI rate - Board finding lack of jurisdiction - application for review by Tribunal - Tribunal finding lack of jurisdiction to review - whether Tribunal in error - whether Board decision on jurisdiction alone unreviewable by Tribunal

Administrative Appeals Tribunal Act 1975, s29, s44 Safety Rehabilitation and Compensation of Employees Act 1988 (Cth) Veterans Entitlements Act 1986 (Cth), s9, s15, s24, s34, s70, s74, s135, s139, s154, s175, s176 Crompton v Repatriation Commission (1993) 45 FCR 330 Director‑General of Social Services v Chaney (1980) 47 FLR 80 Fitzmaurice v Repatriation Commission (1989) 10 AAR 172 Repatriation Commission v Gordon (1990) 100 ALR 255 Ward v Nicholls (1988) 84 ALR 471 FELIX MEYZA v REPATRIATION COMMISSION NO WAG 133 OF 1996 R D NICHOLSON J PERTH 24 FEBRUARY 1997

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY ) GENERAL DIVISION ) NO WAG 133 OF 1996 On appeal from the Administrative Appeals Tribunal B E T W E E N: FELIX MEYZA Applicant and REPATRIATION COMMISSION Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER: R D NICHOLSON J DATE OF ORDER: 24 FEBRUARY 1997 WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The decision of the Administrative Appeals Tribunal made on 5 August 1996 be set aside. 2. The matter be remitted to the Tribunal for reconsideration. 3. The respondent pay the costs of the applicant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.