Parnell-Schoneveld v Repatriation Commission [2003] FCA 153

Parnell-Schoneveld v Repatriation Commission [2003] FCA 153

On a fair reading of the Tribunal's reasons, the Tribunal applied the correct legal test and made findings open on the evidence that the mother adopted the Netherlands East Indies as her and the Parnell children's place of residence with an intention to remain there indefinitely and for the children's wellbeing. The...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 March 2003
Procedural Posture
Appeal From the Administrative Appeals Tribunal, Veterans' Appeals Division, on a Question of Law Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) / Federal Court Judgment on Appeal
Outcome
Appeals dismissed with costs.
Legal Topics
['japanese Internment Compensation' 'domicile' 'appeal on a Question of Law' 'eligibility for Compensation']
["veterans' Affairs" 'administrative Law' 'conflict of Laws'] ['japanese Internment Compensation' 'domicile' 'appeal on a Question of Law' 'eligibility for Compensation']

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Procedural Posture

Appeal From the Administrative Appeals Tribunal, Veterans' Appeals Division, on a Question of Law Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) / Federal Court Judgment on Appeal

Legal Issues

  1. 1 ['Whether the Tribunal made an error of law in finding that Mrs Parnell-Schoneveld and Mr Frank Parnell were not domiciled in Australia immediately before commencement of internment.' "Whether the widowed mother had evinced an intention, on remarriage and residence in Batavia, to change the children's domicile to the Netherlands East Indies in their interests." 'Whether arrangements in late 1941 or early 1942 to send the children to boarding school in Australia changed their domicile back to Australia.']

Ratio Decidendi

On a fair reading of the Tribunal's reasons, the Tribunal applied the correct legal test and made findings open on the evidence that the mother adopted the Netherlands East Indies as her and the Parnell children's place of residence with an intention to remain there indefinitely and for the children's wellbeing. The later arrangements to send the children to Australia for education did not establish a change of domicile, and in any event the children did not actually take up residence in Australia before internment. No error of law was shown.

Court Disposition

Appeals dismissed with costs.

Orders

  • ['In N 1148 of 2002, the appeal be dismissed.' "In N 1148 of 2002, the applicant pay the respondent's costs of the proceedings." 'In N 1149 of 2002, the appeal be dismissed.' "In N 1149 of 2002, the applicant pay the respondent's costs of the proceedings."]