Collett v Repatriation Commission [2009] FCA 667

Collett v Repatriation Commission [2009] FCA 667

Although the applicant had the status of a prisoner of war from the moment his unit was surrendered and the order to go to the surrender area was given by the enemy through the Australian chain of command, the statutory definition of interned was not satisfied. The shore or surrender area where he spent about two hours was not an other place within paragraph (a) because it did not have the definite, restrictive physical limits connoted by the listed places of confinement, and the physical presence of German troops did not supply such restriction on the facts found. He also did not reside within specified limits for paragraph (b). The Tribunal's actual decision that he was ineligible was...

Jurisdiction
Australia
Judgment Date
19 June 2009
Procedural Posture
Appeal From Administrative Appeals Tribunal Decision Concerning Eligibility for a Compensation Payment Under Sch 5 of the Social Security and Veterans' Affairs Legislation Amendment (one Off Payments and Other 2007 Budget Measures) Act 2007 (cth) / Federal Court Appeal; Application for Extension of Time Was Not Opposed; Appeal Dismissed
Outcome
Appeal dismissed.
Legal Topics
['eligibility for Compensation for European Enemy Internment During World War Two' 'meaning of Interned' 'prisoner of War Status After Surrender' 'appeal From Administrative Appeals Tribunal']
['defence and War' "veterans' Entitlements" 'administrative Law' 'statutory Interpretation'] ['eligibility for Compensation for European Enemy Internment During World War Two' 'meaning of Interned' 'prisoner of War Status After Surrender' 'appeal From Administrative Appeals Tribunal']

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Procedural Posture

Appeal From Administrative Appeals Tribunal Decision Concerning Eligibility for a Compensation Payment Under Sch 5 of the Social Security and Veterans' Affairs Legislation Amendment (one Off Payments and Other 2007 Budget Measures) Act 2007 (cth) / Federal Court Appeal; Application for Extension of Time Was Not Opposed; Appeal Dismissed

Legal Issues

  1. 1 ["Whether, on the facts found by the Administrative Appeals Tribunal, the applicant was entitled to a compensation payment under Sch 5 of the Social Security and Veterans' Affairs Legislation Amendment (One-off Payments and Other 2007 Budget Measures) Act 2007 (Cth)." 'Whether the applicant was interned by the military forces of an enemy State within the meaning of item 2(1)(b) of Sch 5.' 'Whether the surrender area where the applicant remained for about two hours was an other place in which he was confined for the purposes of paragraph (a) of the definition of interned.' "Whether the applicant's prisoner of war status from the surrender of his unit was sufficient to satisfy the statutory definition of interned."]

Ratio Decidendi

Although the applicant had the status of a prisoner of war from the moment his unit was surrendered and the order to go to the surrender area was given by the enemy through the Australian chain of command, the statutory definition of interned was not satisfied. The shore or surrender area where he spent about two hours was not an other place within paragraph (a) because it did not have the definite, restrictive physical limits connoted by the listed places of confinement, and the physical presence of German troops did not supply such restriction on the facts found. He also did not reside within specified limits for paragraph (b). The Tribunal's actual decision that he was ineligible was...

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' 'There be no order as to costs.']