Butler and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by Mr Butler for an extension of time to lodge an application for review of a decision made by a delegate of the Repatriation Commission. The application for review was filed outside the statutory time frame.

The primary legal issue before the Tribunal was whether it had the discretion to grant an extension of time for Mr Butler to lodge his application for review, given that it was filed out of time.

The Tribunal acknowledged the applicant's service and the frustration caused by misinformation and errors. However, the Tribunal found that there was no discretion to extend the time for lodging the application for review. Consequently, the Tribunal refused to grant the applicant's application for an extension of time. The Tribunal noted that Mr Butler was not precluded from making a new application for a service pension if he again became an Australian resident.