Chong and Repatriation Commission (Veterans’ entitlements)

This matter concerned an appeal by Mr Chong against a decision of the Repatriation Commission concerning his claim for recognition of qualifying service as an allied veteran under the *Veterans’ Entitlements Act 1986* (VEA). The core of the dispute revolved around whether Mr Chong had been "appointed" as a member of the defence force established by an allied country, specifically the US Army, during the Korean War hostilities. The case was heard by Deputy K Bean P.

The legal issues before the court were whether Mr Chong was appointed or enlisted as a member of the defence force of an allied country, and whether he rendered full-time continuous service as such a member during a period of hostilities as defined by the VEA. It was not disputed that Mr Chong worked full-time for the US military during the relevant period, nor did he contend he was "enlisted". The central question was the interpretation and application of the term "appointed" in the context of his service.

Deputy K Bean P reasoned that while Mr Chong performed duties akin to enlisted personnel, including wearing a uniform, carrying a weapon, and attending parades, there was insufficient evidence to establish a formal appointment. Mr Chong's evidence indicated he was initially employed as a casual labourer and later continued working with a specific company after his parents consented to him accompanying them north. Although he recalled signing some papers, no details of this were provided, and the court was not satisfied that this constituted a formal appointment as a member of the US defence force. The court applied the principle that the onus was on Mr Chong to prove, on the balance of probabilities, that he met the criteria for qualifying service.

Consequently, the court concluded that there was insufficient evidence to be satisfied that Mr Chong was appointed as a member of the defence force established by an allied country. The decision under review was affirmed, meaning Mr Chong's claim for recognition of qualifying service as an allied veteran was refused.