Keys and Repatriation Commission (Veterans' entitlements)

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Keys and Repatriation Commission (Veterans' entitlements) [2023] AATA 2605 (26 July 2023)

Division:GENERAL DIVISION

File Number:          2019/1310

Re:Ian Arthur Knox Keys

APPLICANT

AndRepatriation Commission

RESPONDENT

INTERLOCUTORY DECISION

Tribunal:Senior Member A. Nikolic AM CSC

Date:26 July 2023

Date of written reasons:        18 August 2023

Place:Melbourne

The application for reinstatement is not granted.

........................[sgd]................................................

Senior Member A. Nikolic AM CSC

CATCHWORDS

PRACTICE AND PROCEDURE - interlocutory application – reinstatement of application – where

application finalised in March 2020 by consent of the parties – consideration of Tribunal’s

consent, remittal, and reinstatement powers - relevant law and circumstances considered –

whether application dismissed in error - reinstatement application declined

LEGISLATION

Administrative Appeals Tribunal Act 1975 (Cth)

Veterans’ Entitlements Act 1986 (Cth)

CASES

Aldridge and Repatriation Commission [2012] AATA 571

Keys and Repatriation Commission [2023] AATA 1796

Negri v Secretary, Department of Social Services [2016] FCA 879

Novosel v Comcare (2017) 72 AAR 269

Semunigus v Minister for Immigration and Multicultural Affairs [2000] FCA 240

Sloane v Minister for Immigration, Local Government and Ethnic Affairs (1992) 37 FCR 42

SECONDARY MATERIALS

Pearce, Dennis, Administrative Appeals Tribunal (5th ed, LexisNexis Butterworths, 2020)

REASONS FOR DECISION

Senior Member A. Nikolic AM CSC

18 August 2023

INTRODUCTION.

  1. The Applicant, Mr Ian Keys, has asked the Tribunal to reinstate an application that was finalised by consent of the parties approximately three-and-a-half years ago on 12 March 2020 (“2020 consent agreement”).

  2. The reinstatement hearing was held on 21 July 2023. The Applicant was represented by Ms Rae Coates-Kelly, who informed the Tribunal she is a ‘veteran advocate - not an Australian legal practitioner’. The Respondent was represented by Ms Lindsay Cooper, a lawyer from the Australian Government Solicitor (“AGS”).

  3. The matter was adjourned about an hour after the reinstatement hearing commenced, so the Respondent could file additional documents regarding the basis upon which the 2020 consent agreement was concluded. The adjournment also enabled Ms Coates-Kelly to review the Respondent’s submissions, which were lodged 40 minutes prior to the hearing commencing. The hearing resumed on 26 July 2023, during which further documentary and oral submissions were made. This included documents relating to how the 2020 consent agreement was concluded and a nine-page document from Ms Coates-Kelly dated 25 July 2023, titled: ‘Applicant’s submissions on the question of law relating to s.42C and 42D’.

  4. At the conclusion of the hearing and following an adjournment, the Tribunal declined the reinstatement application and gave ex tempore reasons. Ms Coates Kelly requested written reasons. These are now provided, consistent with the reasoning of Justice Bromberg in Negri v Secretary, Department of Social Services [2016] FCA 879, which considered the extent to which the Tribunal could elaborate upon its oral reasons when producing written reasons. His Honour stated at [27]:

    ‘...As long as the reasoning remains consistent, there can be no objection to the provision of a more-elaborate exposition of the same reasoning that was orally explained. What…

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Details
Case
[2023] AATA 2605
Decision Date

CaseChat Overview and Summary

This matter concerned an interlocutory application before the Administrative Appeals Tribunal (AAT) concerning an application for veterans' entitlements. The applicant, Mr Keys, sought the reinstatement of his application, which had been finalised in March 2020 by the consent of the parties. The Repatriation Commission opposed the reinstatement.

The primary legal issue before the Tribunal was whether it had the power to reinstate Mr Keys' application, and if so, whether the circumstances warranted the exercise of that power. This involved considering the Tribunal's powers regarding consent, remittal, and reinstatement of applications, and determining whether the original finalisation of the application had been made in error.

The Tribunal considered the relevant legislative provisions and the circumstances surrounding the original finalisation of the application. It found that while the Tribunal possessed powers relating to consent and remittal, the specific power to reinstate an application that had been finalised by consent was not clearly established in the circumstances presented. Ultimately, the Tribunal concluded that the application for reinstatement should be declined.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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