Byrne v Repatriation Commission [2006] FCA 1326

FEDERAL COURT OF AUSTRALIA

Byrne v Repatriation Commission [2006] FCA 1326

VETERANS ENTITLEMENTS – appeal from the Administrative Appeals Tribunal – applicant rendered operational service in Vietnam War – applicant claimed post traumatic stress and dysthymic disorder resulted from incident which took place during his service in Vietnam – application of the four-step test articulated by the Full Court of the Federal Court in Repatriation Commission v Deledio (1998) 83 FCR 82 – whether Tribunal erred in law in applying step four of the Deledio test- whether Tribunal erred in finding that the incapacities of the applicant were not war-caused – whether Tribunal failed to take into account relevant considerations – whether Tribunal made a finding not open to it on the evidence – whether Tribunal took into account irrelevant considerations Held: No error of law in the decision of the Tribunal can be identified. It was open to the Tribunal to find that it was satisfied beyond reasonable doubt that the applicant's incapacities were not war-caused.

Administrative Appeals Tribunal Act 1975 (Cth) s 44 Veterans' Entitlement Act 1986 (Cth) ss 5C, 6C, 7, 9, 13, 14, 119, 120, 120A, 196B

Bushell v Repatriation Commission (1992) 175 CLR 408 cited Byrnes v Repatriation Commission (1993) 177 CLR 564 cited Ergon Energy Incorporation Limited v The Commissioner of Taxation [2006] FCAFC 125 cited Fenner v Repatriation Commission [2005] FCA 27 cited Leane v Repatriation Commission [2004] FCAFC 83 cited Repatriation Commission v Deledio (1998) 83 FCR 82 applied Repatriation Commission v Hendy [2002] FCAFC 424 cited Repatriation Commission v Keeley (2000) 98 FCR 108 cited Stoddart v Repatriation Commission [2003] FCA 334 cited White v Repatriation Commission [2004] FCA 633 cited PETER BYRNE v REPATRIATION COMMISSION QUD 575 OF 2005