Warren v Repatriation Commission [2015] FCAFC 159

Warren v Repatriation Commission [2015] FCAFC 159

The appeal was allowed because the Tribunal erred in law at stage 4 of Deledio. Having accepted that the first three Deledio stages were satisfied, the Tribunal was required by s 120(1) of the Veterans' Entitlements Act 1986 (Cth) to determine whether it was satisfied beyond reasonable doubt that there was no sufficient ground for finding the appellant's generalised anxiety disorder or alcohol dependence war-caused. Instead, in rejecting the asserted category 1B stressor of viewing critically injured casualties, it proceeded on the probabilities and stated that it was not satisfied the appellant experienced a category 1A or 1B stressor. The primary Judge erred in holding that this...

Jurisdiction
Australia
Judgment Date
12 November 2015
Procedural Posture
Appeal From a Single Judge of the Federal Court on an Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) Concerning Veterans' Entitlements / Full Court Appeal From Dismissal of Appeal Against Administrative Appeals Tribunal Decision
Outcome
Appeal allowed with costs; Tribunal decision set aside; matter remitted to the Administrative Appeals Tribunal to be heard and determined according to law.
Legal Topics
["veterans' Entitlements Act 1986 (cth)" 'war Caused Disease' 'statements of Principles' 'standard of Proof' 'administrative Appeals Tribunal Appeals on Questions of Law' 'no Evidence Ground' 'natural Justice' 'adequacy of Reasons']
['administrative Law' "veterans' Entitlements" 'defence and War'] ["veterans' Entitlements Act 1986 (cth)" 'war Caused Disease' 'statements of Principles' 'standard of Proof' 'administrative Appeals Tribunal Appeals on Questions of Law' 'no Evidence Ground' 'natural Justice' 'adequacy of Reasons']

Case Brief

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Procedural Posture

Appeal From a Single Judge of the Federal Court on an Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) Concerning Veterans' Entitlements / Full Court Appeal From Dismissal of Appeal Against Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ['Whether the Administrative Appeals Tribunal erred in law by finding that the appellant did not experience a category 1B stressor otherwise than by being satisfied beyond reasonable doubt at stage 4 of Repatriation Commission v Deledio (1998) 83 FCR 82.' "Whether the primary Judge erred in failing to correct the Tribunal's approach to the standard of proof under s 120(1) of the Veterans' Entitlements Act 1986 (Cth)." 'Whether the Tribunal took an irrelevant consideration into account, or denied natural justice, in assessing the Writeway report by reference to its familiarity with other Writeway reports.' 'Whether the Tribunal erred in law by not calling the author of the Writeway report to give evidence.' "Whether the Tribunal's reasons were adequate under s 43(2B) of the Administrative Appeals Tribunal Act 1975 (Cth)." 'Whether a finding that the appellant was affected by medication on arrival in Dili was made with no evidence.']

Ratio Decidendi

The appeal was allowed because the Tribunal erred in law at stage 4 of Deledio. Having accepted that the first three Deledio stages were satisfied, the Tribunal was required by s 120(1) of the Veterans' Entitlements Act 1986 (Cth) to determine whether it was satisfied beyond reasonable doubt that there was no sufficient ground for finding the appellant's generalised anxiety disorder or alcohol dependence war-caused. Instead, in rejecting the asserted category 1B stressor of viewing critically injured casualties, it proceeded on the probabilities and stated that it was not satisfied the appellant experienced a category 1A or 1B stressor. The primary Judge erred in holding that this...

Court Disposition

Appeal allowed with costs; Tribunal decision set aside; matter remitted to the Administrative Appeals Tribunal to be heard and determined according to law.

Orders

  • ['The appellant have leave to rely upon a new ground of appeal: The Tribunal erred in law in the standard of proof it adopted at stage 4 of Repatriation Commission v Deledio (1998) 83 FCR 82. His Honour misdirected himself by thinking that the Tribunal was dealing with stage 1 and failed to correct the error.' 'The...