Johnson and Repatriation Commission (Veterans' entitlements)
Case
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[2018] AATA 351
•9 February 2018
Details
AGLC
Case
Decision Date
Johnson and Repatriation Commission (Veterans' entitlements) [2018] AATA 351
[2018] AATA 351
9 February 2018
CaseChat Overview and Summary
This matter concerned an application by Mr Johnson for review by the Administrative Appeals Tribunal of a decision by the Repatriation Commission concerning his veterans' entitlements. Mr Johnson was seeking review in relation to peripheral neuropathy of his left ankle, despite already being in receipt of a special rate of pension and a gold card.
The Tribunal was required to determine whether there was any utility in proceeding with the application for review, specifically whether the factors contained within the relevant Statement of Principles could be made out, and consequently, whether the application for review had a reasonable prospect of success.
Deputy President K Bean dismissed the application pursuant to s 42B(1) of the Administrative Appeals Tribunal Act 1975, concluding that the application had no reasonable prospect of success. The decision was made on 1 March 2018, following hearings on 29 November 2017 and 2 February 2018.
The Tribunal was required to determine whether there was any utility in proceeding with the application for review, specifically whether the factors contained within the relevant Statement of Principles could be made out, and consequently, whether the application for review had a reasonable prospect of success.
Deputy President K Bean dismissed the application pursuant to s 42B(1) of the Administrative Appeals Tribunal Act 1975, concluding that the application had no reasonable prospect of success. The decision was made on 1 March 2018, following hearings on 29 November 2017 and 2 February 2018.
Details
Key Legal Topics
Areas of Law
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Administrative Law
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Statutory Interpretation
Legal Concepts
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Appeal
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Judicial Review
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Procedural Fairness
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Standing
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Statutory Construction
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