Mickleberg and Military Rehabilitation and Compensation Commission (Compensation)

The Administrative Appeals Tribunal (AAT) considered an application by the Military Rehabilitation and Compensation Commission (MRCC) to dismiss the applications made by Mickleberg. The core of the dispute concerned whether Mickleberg's applications had no reasonable prospects of success, as contemplated by section 42B(1)(b) of the *Administrative Appeals Tribunal Act 1975* (Cth).

The Tribunal was required to determine whether the MRCC had established that Mickleberg's applications lacked any reasonable prospects of success. This involved an assessment of the material before the Tribunal and the legal framework governing compensation claims under the *Military Rehabilitation and Compensation Act 2004* (Cth).

Senior Member George reasoned that the MRCC had not discharged its onus to demonstrate that the applications were devoid of any reasonable prospects of success. The Tribunal found that there was sufficient material and arguable grounds to proceed with the applications, meaning they could not be summarily dismissed under the relevant legislative provision. Consequently, the Tribunal refused to dismiss the applications.