Graham v Repatriation Commission [1999] FCA 66

Graham v Repatriation Commission [1999] FCA 66

The AAT erred in law by failing to consider whether the applicant was relieved from satisfying the restrictive definition of "allotted for duty" by virtue of s 93(1) of the Veterans' Affairs Legislation Amendment Act 1990 (Cth). Because there was material that might have led the AAT to conclude that s 93(1) was satisfied, the applicant's proposed appeal had sufficient merit to justify extending time, setting aside the AAT decision, and remitting the whole matter for determination according to law.

Jurisdiction
Australia
Judgment Date
05 February 1999
Procedural Posture
Application for Extension of Time and Appeal From a Decision of the Administrative Appeals Tribunal Concerning Eligibility for a Service Pension / Federal Court Determination After the AAT Affirmed the Repatriation Commission's Decision That the Applicant Was Not Eligible for a Service Pension
Outcome
Time extended; leave granted to file notice of appeal; AAT decision set aside; whole matter remitted to the AAT; respondent ordered to pay the applicant's costs.
Legal Topics
['service Pension' 'qualifying Service' 'allotted for Duty' 'transitional Provisions' 'appeal From Administrative Appeals Tribunal' 'extension of Time']
["veterans' Affairs" 'administrative Law'] ['service Pension' 'qualifying Service' 'allotted for Duty' 'transitional Provisions' 'appeal From Administrative Appeals Tribunal' 'extension of Time']

Case Brief

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Procedural Posture

Application for Extension of Time and Appeal From a Decision of the Administrative Appeals Tribunal Concerning Eligibility for a Service Pension / Federal Court Determination After the AAT Affirmed the Repatriation Commission's Decision That the Applicant Was Not Eligible for a Service Pension

Legal Issues

  1. 1 ['Whether time should be extended for the applicant to file and serve a notice of appeal from the AAT decision given on 2 July 1998.' 'Whether the AAT erred in law by failing to consider whether s 93(1) of the Veterans\' Affairs Legislation Amendment Act 1990 (Cth) relieved the applicant from satisfying the restrictive definition of "allotted for duty" in s 5B(2) of the Veterans\' Entitlements Act 1986 (Cth).' 'Whether the whole matter, rather than only the s 93(1) question, should be remitted to the AAT to be heard and determined according to law.']

Ratio Decidendi

The AAT erred in law by failing to consider whether the applicant was relieved from satisfying the restrictive definition of "allotted for duty" by virtue of s 93(1) of the Veterans' Affairs Legislation Amendment Act 1990 (Cth). Because there was material that might have led the AAT to conclude that s 93(1) was satisfied, the applicant's proposed appeal had sufficient merit to justify extending time, setting aside the AAT decision, and remitting the whole matter for determination according to law.

Court Disposition

Time extended; leave granted to file notice of appeal; AAT decision set aside; whole matter remitted to the AAT; respondent ordered to pay the applicant's costs.

Orders

  • ['The time for the applicant to file and serve a notice of appeal from the decision of the Administrative Appeals Tribunal given on 2 July 1998 be extended until 5 February 1999.' 'The applicant be given leave to file in Court a notice of appeal in the form handed up by counsel for the applicant.' 'The decision of...