Pates, Leslie James v Repatriation Commission [1985] FCA 686

Pates, Leslie James v Repatriation Commission [1985] FCA 686

The respondent's decision was made in error, especially by treating its previous determination of 29 January 1985 as relevant, and by considering irrelevant matters contrary to the proper legal standard for such applications.

Parties
Applicant: Leslie James Pates; Respondent: The Repatriation Commission
Jurisdiction
Australia
Judgment Date
12 June 1985
Procedural Posture
Administrative Law Application / Judgment
Outcome
Application granted. Respondent's decision quashed. Matter referred back for urgent reconsideration.
Legal Topics
Legal Errors, Irrelevant Considerations, Extra Territorial Operation, Interpretation of Commonwealth Statute, Transport for Treatment Overseas
Administrative Law Constitutional Law Repatriation Legal Errors Irrelevant Considerations Extra Territorial Operation Interpretation of Commonwealth Statute Transport for Treatment Overseas

Case Brief

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Parties

Leslie James Pates

Applicant

The Repatriation Commission

Respondent

Procedural Posture

Administrative Law Application / Judgment

Legal Issues

  1. 1 Whether legal errors occurred by taking irrelevant considerations into account
  2. 2 Whether presumption against extra-territorial operation of Commonwealth statute applies
  3. 3 Effect of determination purporting to exclude transport to and treatment in foreign country

Ratio Decidendi

The respondent's decision was made in error, especially by treating its previous determination of 29 January 1985 as relevant, and by considering irrelevant matters contrary to the proper legal standard for such applications.

Court Disposition

Application granted. Respondent's decision quashed. Matter referred back for urgent reconsideration.

Orders

  • The decision of the respondent dated 23 May 1985 with respect to an application for transport to the U.S.A. with a view to a possible transplantation operation is quashed.
  • The matter is referred to the respondent for decision in the light of the Court's reasons.