Deslandes v Repatriation Commission

The Federal Court of Australia, constituted by Jarrett J, considered an appeal by Mr Deslandes against a decision of the Administrative Appeals Tribunal (the Tribunal). The dispute concerned Mr Deslandes' entitlement to certain benefits under the *Veterans’ Entitlements Act 1986* (Cth). The Repatriation Commission was the respondent.

The primary legal issues before the Court were whether the Tribunal had erred in its application of sections 119(g) or 119(h) of the *Veterans’ Entitlements Act 1986*, and whether the Tribunal had properly discharged its obligation to provide reasons for its decision under section 43 of the *Administrative Appeals Tribunal Act 1975*. Crucially, the Court also had to determine whether it had jurisdiction to hear the appeal, given that the notice of appeal did not clearly state any questions of law.

Jarrett J found that the notice of appeal failed to identify any specific questions of law, which was a prerequisite for the Court to exercise its jurisdiction to hear an appeal from the Tribunal. Consequently, the Court lacked the necessary jurisdiction to proceed with the substantive grounds of appeal. Even if jurisdiction had been established, the Court indicated that no error had been demonstrated in the Tribunal's application of the relevant provisions of the *Veterans’ Entitlements Act 1986* or in its provision of reasons.

The application for leave to appeal was dismissed due to the absence of jurisdiction.