Schmidt v Repatriation Commission [2004] FCA 1158

Schmidt v Repatriation Commission [2004] FCA 1158

The Tribunal's finding that the applicant did not experience a severe stressor as required by the Statements of Principle was open to it on the evidence and did not constitute an error of law; subjective fear for one's life or safety is necessary but absent in this case.

Parties
Applicant: Jan Hendrik Schmidt; Respondent: Repatriation Commission
Jurisdiction
Australia
Judgment Date
08 September 2004
Procedural Posture
Appeal / Final Judgment
Outcome
application dismissed with costs
Legal Topics
War Caused Injury, Post Traumatic Stress Disorder, Alcohol Dependence/abuse, Psoriasis, Administrative Appeals Tribunal, Statements of Principles
Veterans' Entitlements War Caused Injury Post Traumatic Stress Disorder Alcohol Dependence/abuse Psoriasis Administrative Appeals Tribunal Statements of Principles

Case Brief

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Parties

Jan Hendrik Schmidt

Applicant

Repatriation Commission

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the applicant's post-traumatic stress disorder, alcohol dependence/abuse and psoriasis were war-caused within the meaning of s 9 of the Veterans' Entitlements Act 1986 (Cth)
  2. 2 Whether the Administrative Appeals Tribunal failed to consider the claimed events as judged by an objective observer in the applicant's position at the time
  3. 3 Whether any error of law was demonstrated in the Tribunal's reasoning

Ratio Decidendi

The Tribunal's finding that the applicant did not experience a severe stressor as required by the Statements of Principle was open to it on the evidence and did not constitute an error of law; subjective fear for one's life or safety is necessary but absent in this case.

Court Disposition

application dismissed with costs

Orders

  • The application be dismissed with costs.