Repatriation Commission v Mitchell [2002] FCA 1177

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Mitchell [2002] FCA 1177 DEFENCE AND WAR - Veterans affairs - service pension - entitlement - whether veteran rendered qualifying service under s 7A of Veterans' Entitlements Act 1986 (Cth) -whether in military operation against enemy - where not required to be involved in actual personal combat - where found to be in area in which military and aerial operations were conducted - whether incurred danger from hostile forces of the enemy - where travelling aboard troop ship - danger from floating mines. Administrative Appeals Tribunal Act 1975 (Cth) s 44 Veterans' Entitlements Act 1986 (Cth) s 7A Tiplady and Repatriation Commission (1987) 12 ALD 670 Refd Gilgen and Repatriation Commission [2000] AATA 447 Refd Willcocks v Repatriation Commission (1992) 39 FCR 49 Applied Repatriation Commission v Burton (1993) 19 AAR 118 Cited Repatriation Commission v Tiernan [2001] FCA 519 Cited Repatriation Commission v Ahrenfeld (1991) 29 FCR 556 (FC) Cited Repatriation Commission v Thompson (1988) 44 FCR 20 Applied Waterford v Commonwealth (1987) 163 CLR 54 Cited REPATRIATION COMMISSION v RAYMOND MITCHELL Q1 OF 2002 COOPER J BRISBANE 20 SEPTEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q1 OF 2002

ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: REPATRIATION COMMISSION

APPLICANT

AND: RAYMOND MITCHELL

RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 20 SEPTEMBER 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs of and incidental to the application including reserved costs, if any, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.