Arnott v Repatriation Commission [2001] FCA 262

FEDERAL COURT OF AUSTRALIA

Arnott v Repatriation Commission [2001] FCA 262 DEFENCE AND WAR – veteran's entitlements – error of law – whether "acute…signs of pain" in the relevant Statement of Principles means "severe" pain – whether Tribunal failed to address the correct question – whether proof of facts in issue in determining whether the facts raised by the claimants gave rise to a reasonable hypothesis – whether matter should be remitted to the Tribunal Administrative Appeals Tribunal Act 1975 s 44(1) Veterans Entitlements Act 1986 (Cth) s 9 Repatriation Commission v Deledio (1998) 83 FCR 82 – applied Harris v Repatriation Commission (2000) 31 AAR 270 – applied Repatriation Commission v Keeley (2000) 98 FCR 108 – applied Morales v Minister for Immigration and Ethnic Affairs (1995) 60 FCR 550 – cited Nguyen v Minister for Immigration and Multicultural Affairs (1998) 88 FCR 206 – cited Santa Sabina College v Minister for Education (1985) 58 ALR 527 – cited Perpetual Trustee Co (Canberra) Ltd v Lewis (1994) 119 FLR 38 - cited ROBERT JOSIAH ARNOTT v REPATRIATION COMMISSION V 784 OF 2000 SPENDER, MARSHALL AND MERKEL JJ MELBOURNE 16 MARCH 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V784 OF 2000

BETWEEN: ROBERT JOSIAH ARNOTT

APPELLANT

AND: REPATRIATION COMMISSION

RESPONDENT JUDGES: SPENDER, MARSHALL AND MERKEL JJ

DATE OF ORDER: 16 MARCH 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders of the primary judge made on 19 September 2000 be set aside. 3. The decision of the Administrative Appeal Tribunal dated 18 June 1999 be set aside and the matter be remitted to the Administrative Appeal Tribunal to be determined in accordance with law. 4. The respondent pay the appellant's costs of the appeals to the primary judge and to the Full Court.