FEDERAL COURT OF AUSTRALIA
Linwood v Repatriation Commission [2016] FCA 90
Appeal from: Linwood v Repatriation Commission (Veterans’ entitlements) [2015] AATA 704 File number: QUD 958 of 2015 Judge: LOGAN J Date of judgment: 16 February 2016 Catchwords: ADMINISTRATIVE LAW – veterans’ affairs – veterans’ entitlements – application for disability pension under Part IV of the Veterans’ Entitlements Act 1966 (Cth) – where applicant suffered depressive disorder – whether depressive disorder is related to defence service – application of statement of principles under Veterans’ Entitlements Act 1996 – whether Tribunal erred in law in finding insufficient evidence that the applicant suffered a category two stressor – where it was manifestly unreasonable for Tribunal to conclude there was not sufficient evidence – where Tribunal failed to take account of a relevant consideration – appeal allowed – matter remitted to Tribunal for redetermination Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33(1)(c), 37, 43(1), 44
Defence Force Discipline Act 1982 (Cth)
Supreme Court Act 1975 (PNG) s 14(1)(b)
Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994 (Cth)
Veterans’ Entitlements Act 1996 (Cth) ss 70, 120(4), 120B(3), 196B(14)
War Pensions Act 1914 (Cth) (repealed)
Cases cited: Attorney General (NSW) v Quin (1990) 170 CLR 1
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Belton v General Motors Holden's Ltd (No 1) (1984) 58 ALJR 352
Cocoa Cola Amatil (PNG) Ltd v Yanda [2012] PGSC 52
Dranichnikov v Minister for Immigration and Multicultural & Indigenous Affairs (2003) 77 ALJR 1088
Enfield City Corporation v Development Assessment Commission (2000) 199 CLR 135
FTZK v Minister for Immigration and Border Protection (2014) 88 ALJR 754
Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315
Haritos v Federal Commissioner of Taxation [2015] HCATrans 337
Jebb v Repatriation Commission (1988) 80 ALR 329
Knight v Repatriation Commission (2010) 52 AAR 547
Mahon v Air New Zealand [1984] AC 808
Minister for Immigration and Citizenship v Li (2013) 249 CLR 332
Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259
Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 74 ALJR 405
Repatriation Commission v Bawden (2012) 206 FCR 296
Repatriation Commission vKnight (2012) 202 FCR 451
Repatriation Commission v Warren (2007) 95 ALD 606
R v The War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228
Stead v State Government Insurance Office (1986) 161 CLR 141
Date of hearing: 3 February 2016 Registry: Queensland Division: General Division National Practice Area: Administrative and Constitutional Law and Human Rights Category: Catchwords Number of paragraphs: 64 Counsel for the Applicant: The Applicant appeared in person Counsel for the Respondent: Mr J R Streit Solicitor for the Respondent: Australian Government Solicitor
Table of Corrections 2 November 2016 Date of Judgment, Order and certification date is amended to 16 February 2016 ORDERS
QUD 958 of 2015 BETWEEN: MARK LINWOOD
Applicant
AND: REPATRIATION COMMISSION
Respondent
JUDGE:
LOGAN J
DATE OF ORDER:
16 FEBRUARY 2016
THE COURT ORDERS THAT:
1.The respondent’s…
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- AGLC
- Linwood v Repatriation Commission [2016] FCA 90
- Case
- [2016] FCA 90
- Decision Date
CaseChat Overview and Summary
The court held that the Tribunal had erred in concluding that there was insufficient evidence that Linwood had suffered a category two stressor. The Tribunal had failed to properly consider the evidence before it and had not given adequate weight to the expert evidence provided by Linwood’s treating psychiatrist. The court held that it was manifestly unreasonable for the Tribunal to have reached the conclusion that it did and that the Tribunal had failed to take account of a relevant consideration. The appeal was allowed and the decision of the Tribunal was set aside. The matter was remitted to the Tribunal for further hearing and determination according to law. The respondent was ordered to pay the applicant’s travel expenses related to the applicant’s appearance at court.
Orders
Orders of the court
1. The respondent’s objection to competency is dismissed.
2. The appeal is allowed.
3. The decision of the Administrative Appeals Tribunal (the Tribunal) dated 11 September 2015 is set aside.
4. The matter is remitted to the Tribunal for further hearing and determination according to law.
5. The respondent pay the applicant’s travel expenses related to the applicant’s appearance at court which are fixed in the sum of $60.00 for return rail travel and car travel.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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