Farmer v Repatriation Commission [2002] FCA 199

Farmer v Repatriation Commission [2002] FCA 199

No error of law was demonstrated in the Tribunal's finding that Mr Farmer's enlistment date was 12 October 1944, and as such, the Federal Court lacks jurisdiction to interfere with the Tribunal’s findings of fact under s 44.

Parties
Applicant: John Farmer; Respondent: Repatriation Commission
Jurisdiction
Australia
Judgment Date
12 March 2002
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Appeal on Question of Law, Qualifying Service Under Veterans' Entitlements Act, Jurisdiction of Federal Court, Administrative Review
Administrative Law Veterans' Entitlements Appeal on Question of Law Qualifying Service Under Veterans' Entitlements Act Jurisdiction of Federal Court Administrative Review

Case Brief

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Parties

John Farmer

Applicant

Repatriation Commission

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the applicant rendered qualifying service pursuant to s 7A Veterans' Entitlements Act 1986 (Cth)
  2. 2 Whether there was an error of law in the Administrative Appeals Tribunal's decision under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth)

Ratio Decidendi

No error of law was demonstrated in the Tribunal's finding that Mr Farmer's enlistment date was 12 October 1944, and as such, the Federal Court lacks jurisdiction to interfere with the Tribunal’s findings of fact under s 44.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal be dismissed, with costs.
  • A copy of the transcript of proceedings before Deputy President Breen of the Administrative Appeals Tribunal dated 10 December 1997 be provided to the applicant, with a copy of these reasons.