Dugina v Repatriation Commission [1999] FCA 560

FEDERAL COURT OF AUSTRALIA

Dugina v Repatriation Commission [1999] FCA 560 VETERANS AFFAIRS – appeal against decision of the Administrative Appeals Tribunal affirming the decision of the respondent rejecting the applicant's application for a service pension pursuant to s 5C of the Veterans' Entitlements Act 1986 (Cth) – whether Tribunal wrong in law in its determination that the applicant was not an "allied veteran" - whether Tribunal wrong in law in its application of the meaning of "service" as determined in Truchlik v Repatriation Commission (1989) 87 ALR 263 - whether Tribunal, in considering alterations to the applicant's service record and his receipt of an Italian pension took into account an irrelevant consideration and failed to accord the applicant procedural fairness.

Veterans' Entitlements Act 1986 (Cth) s 5C Truchlik v Repatriation Commission (1989) 87 ALR 263 - followed

ALESSANDRO DUGINA v REPATRIATION COMMISSION VG 347 of 1998 GOLDBERG J 5 MAY 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 347 of 1998

On appeal from the Veterans' Appeal Division of the Administrative Appeals Tribunal, constituted by Mr J Handley, Senior Member, and Dr C Re, Member

BETWEEN: ALESSANDRO DUGINA

Applicant

AND: REPATRIATION COMMISSION

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 5 MAY 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicant's appeal is dismissed. 2. The applicant pay the respondent's costs of the appeal including any reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 347 of 1998

On appeal from the Veterans' Appeal Division of the Administrative Appeals Tribunal, constituted by Mr J Handley, Senior Member, and Dr C Re, Member