Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rana v Repatriation Commission [2010] FCA 281 Citation: Rana v Repatriation Commission [2010] FCA 281
Appeal from: Ranjit Rana v Repatriation Commission [2009] AATA 671
Parties: RANJIT SHAMSHER JUNG BAHADUR RANA v REPATRIATION COMMISSION
File number: SAD 135 of 2009
Judge: LANDER J
Date of judgment: 26 March 2010
Catchwords: DEFENCE AND WAR – whether appellant entitled to a pension under the Veterans' Entitlements Act 1986 (Cth) (the Act) – preliminary issue of whether appellant was a veteran/member of the Defence Force must first be determined – s 69 of the Act – AAT correct to decide preliminary issue first – no question of law raised on the appeal – O 53 r 3 of the Federal Court Rules – a review of the merits of the decision is not open to the Court
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) Compensation (Commonwealth Government Employees) Act 1971 (Cth) Defence Act 1903 (Cth) s 44 Defence Force Retirement and Death Benefits Act 1973 (Cth) s 37 Judiciary Act 1903 (Cth) s 39B Veterans' Entitlements Act 1986 (Cth) ss 69, 70 Australian Military Regulations 1927 (Cth) reg 176 Federal Court Rules O 53 r 3
Cases cited: Abebe v The Commonwealth of Australia (1999) 197 CLR 510 cited Attorney-General (NSW) v Quin (1990) 170 CLR 1 cited Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321 applied Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 cited Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 applied Defence Force Retirement and Death Benefits Authority v Britt (1984) 4 FCR 306 cited Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited Rana v Chief of Army [2005] FCA 1283 cited Rana v Chief of Army Staff [2006] FCAFC 63 cited Whiteman v Secretary, Department of Veterans' Affairs (1996) 69 FCR 510 cited
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