Forster v Repatriation Commission [2015] FCA 198

FEDERAL COURT OF AUSTRALIA

Forster v Repatriation Commission [2015] FCA 198 Citation: Forster v Repatriation Commission [2015] FCA 198

Appeal from: Kevin Forster and Repatriation Commission [2014] AATA 91

Parties: KEVIN FORSTER v REPATRIATION COMMISSION

File number: NTD 9 of 2014

Judge: MANSFIELD J

Date of judgment: 11 March 2015

Catchwords: DEFENCE AND WAR – application by veteran for disability benefits – claim for post-traumatic stress disorder, alcohol dependence and hypertension – veterans conditions not in dispute – veteran found to have been the subject of abuse and bullying – delegate of respondent rejected claims – appeal to Administrative Appeals Tribunal (Tribunal) – Tribunal found that veteran's conditions not defence-caused – where Tribunal erred in law in finding that veteran did not experience events that involved actual or threatened serious injury having regard to the bullying conduct – whether Tribunal erred in so finding by reference only to the physical injury suffered by veteran - whether the Tribunal engaged in an illogical or irrational process or processes of reasoning – whether Tribunal misapplied proper meaning of "being tortured" – whether the consequences of conduct inform the quality of conduct for purposes of determining whether category 1A stressor was experienced

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Veteran's Entitlements Act 1986 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Migration Act 1958 (Cth) Crimes (Torture) Act 1988 (Cth) Criminal Code Act 1995 (Cth)