Kermanioun, Marshallah v Comcare [1998] FCA 1529

FEDERAL COURT OF AUSTRALIA

ADMINISTRATIVE LAW - judicial review – application for review from Administrative Appeals Tribunal – contents of written Statement of Reasons – failure to advert in Reasons to a material question of fact – failure to indicate whether corroborating evidence accepted or rejected Administrative Appeals Tribunal Act 1975 (Cth), s 43(2B) Safety, Rehabilitation and Compensation Act 1988 (Cth)

Comcare v Lees (1997) 151 ALR 647 (referred to) Muralidharan v Minister for Immigration and Ethnic Affairs (1996) 136 ALR 84 (applied) Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 136 ALR 481 (referred to) Commissioner of Taxation v Osborne (1990) 26 FCR (referred to) Steed v Minister for Immigration and Ethnic Affairs (1981) 37 ALR 620 (referred to) Mifsud v Campbell (1991) 21 NSWLR 725 (referred to) Dodds v Comcare Australia (1993) 31 ALD 690 (referred to) Copperart Pty Ltd v Commission of Taxation of the Commonwealth of Australia (1993) 30 ALD 377 (applied) Kandiah v Minister for Immigration and Multicultural Affairs, Federal Court of Australia, unreported, 3 September 1998, Finn J (referred to) Connell v Auckland City Council [1977] 1 NZLR 630 (referred to) MASHALLAH KERMANIOUN (Applicant) v COMCARE (Respondent) AG 23 of 1998 FINN J CANBERRA 20 NOVEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG 23 of 1998

BETWEEN: MASHALLAH KERMANIOUN

APPLICANT

AND: COMCARE

Respondent

JUDGE: FINN J

DATE OF ORDER: 20 NOVEMBER 1998

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. the application be allowed 2. the decision of the Administrative Appeals Tribunal be set aside 3. the matter be remitted to the Administrative Appeals Tribunal for reconsideration Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.