Repatriation Commission v Farley-Smith [2007] FCA 1058

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Farley-Smith [2007] FCA 1058

ADMINISTRATIVE LAW – review of decision of Administrative Appeals Tribunal ('Tribunal') that veteran's death was war-caused – whether Tribunal considered whole of the material before it – whether material raised a reasonable hypothesis in the context of the veteran's service – consideration of principles to be applied ADMINISTRATIVE LAW – procedural fairness – whether breach of s 39 of the Administrative Appeals Tribunal Act 1975 (Cth) – where Tribunal failed to give opportunity to applicant to examine bundle of documents handed to Tribunal at the hearing – where Tribunal indicated that submissions would be received on the weight to be attached to the documents – where Tribunal did not receive further submissions and relied upon documents in its decision – consideration of circumstances in which matter must be remitted Administrative Appeals Tribunal Act 1975 (Cth), ss 39, 44(1) Veterans' Entitlements Act 1986 (Cth), ss 8(1), 119, 120 Bushell v Repatriation Commission (1992) 175 CLR 408 cited Byrnes v Repatriation Commission (1993) 177 CLR 564 cited Clements v Independent Indigenous Advisory Committee (2003) 131 FCR 28 cited East v Repatriation Commission (1987) 16 FCR 517 cited Giretti v Deputy Commissioner of Taxation (1996) 70 FCR 151 cited Harradine v Secretary, Department of Social Security (1989) 25 FCR 35 cited Kioa v West (1985) 159 CLR 550 cited Mason v Repatriation Commission [2000] FCA 1409 cited Morales v Minister for Immigration & Ethnic Affairs (1995) 60 FCR 550 cited O'Sullivan v Repatriation Commission (2003) 128 FCR 590 cited Repatriation Commission v Bey (1997) 149 ALR 721 cited Repatriation Commission v Owens (1996) 70 ALJR 904 cited Repatriation Commission v Smith (1987) 15 FCR 327 cited Repatriation Commission v Whetton (1991) 31 FCR 513 cited Schiffer v Pattison [2001] FCA 1094 cited REPATRIATION COMMISSION v GWENDA FARLEY-SMITH VID 1374 OF 2005