Linwood and Repatriation Commission (Veterans’ entitlements)

This matter concerned an application by Mr Linwood for reconsideration of a decision by the Repatriation Commission regarding his veterans' entitlements. The case came before Deputy President Bernard McCabe of the Administrative Appeals Tribunal (AAT).

The primary legal issue before the Tribunal was the extent of its jurisdiction to review Mr Linwood's claims, particularly in light of an ankle condition that had been withdrawn before the review and an asthma condition that was not explicitly mentioned in the notice of appeal. The Tribunal also had to consider the appropriate course of action regarding Mr Linwood's psychiatric condition, which the respondent conceded required reconsideration.

Deputy President McCabe determined that the Tribunal lacked jurisdiction to review the claim concerning the ankle condition or to further review the claim regarding asthma. However, acknowledging the objectives of the *Veterans' Entitlements Act 1986* (Cth) and the *Administrative Appeals Tribunal Act 1975* (Cth), and considering the interests of Mr Linwood, the Deputy President concluded that remittal of the decision concerning the psychiatric condition to the respondent for reconsideration was the most appropriate course of action, even though Mr Linwood did not formally agree to this remittal under section 42D of the AAT Act.

Consequently, the decision with respect to Mr Linwood’s psychiatric condition was remitted to the Repatriation Commission for reconsideration in accordance with the Tribunal's reasons.