Warren v Repatriation Commission [2018] FCA 1193

FEDERAL COURT OF AUSTRALIA

Warren v Repatriation Commission [2018] FCA 1193 Appeal from: McKinley and Repatriation Commissioner (Veterans' entitlements) [2017] AATA 872

File number: VID 771 of 2017

Judge: TRACEY J

Date of judgment: 13 August 2018

Catchwords: DEFENCE AND WAR – appeal on questions of law from a decision of the Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – where the Tribunal affirmed a decision of the Veterans' Review Board which in turn had affirmed a decision of a delegate of the Repatriation Commission to refuse to grant the applicant a pension – where the parties agreed that the Tribunal had erred and that the Tribunal's decision should be set aside – where the Tribunal had also found that it lacked jurisdiction to deal with the applicant's claims made under s 70 of the Veterans' Entitlements Act 1986 (Cth) on the basis that the Veterans' Review Board had not dealt with this claim – where that claim had been before the delegate of the Commission – whether the Tribunal had erred in its determination that it lacked jurisdiction – whether the scope of remittal to the Tribunal should be confined

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2), 43(2B), 44(5) Veterans' Entitlements Act 1986 (Cth) ss 70(1), 70(5)(d)(i), 70(5)(d)(ii)

Cases cited: Davenport v Repatriation Commission (1995) 39 ALD 560; [1995] FCA 930 McKinley and Repatriation Commission (Veterans' entitlements) [2017] AATA 872 Repatriation Commission v Stafford (1995) 56 FCR 132; [1995] FCA 537 Stafford v Repatriation Commission (1995) 56 FCR 121; [1995] FCA 44 Warren v Repatriation Commission (2015) 238 FCR 124; [2015] FCAFC 159