FEDERAL COURT OF AUSTRALIA
Symons v Repatriation Commission [2001] FCA 534
DEFENCE AND WAR – Ex-servicemen – veterans’ entitlements – application for pension in respect of cervical spondylosis – applicable statement of principles – whether applicable statement of principles one in force at time of Commission’s decision refusing pension or at time of decision of Administrative Appeals Tribunal or at any time between those two times at which a statement of principles more favourable to veteran was in force
Repatriation Commission v Keeley (2000) 98 FCR 108 discussed
Gorton v Repatriation Commission [2001] FCA 286 discussedPETER SYMONS v REPATRIATION COMMISSION
N 1381 OF 2000
LINDGREN J
9 MAY 2001
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 1381 OF 2000
ON APPEAL FROM THE VETERANS’ APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MRS M T LEWIS (SENIOR MEMBER) AND DR P D LYNCH (MEMBER)
BETWEEN:
PETER SYMONS
APPLICANTAND:
REPATRIATION COMMISSION
RESPONDENTJUDGE:
LINDGREN J
DATE OF ORDER:
9 MAY 2001
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The application be dismissed.
2.The applicant pay the respondent’s costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 1381 OF 2000
ON APPEAL FROM THE VETERANS’ APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MRS M T LEWIS (SENIOR MEMBER) AND DR P D LYNCH (MEMBER)
BETWEEN:
PETER SYMONS
APPLICANTAND:
REPATRIATION COMMISSION
RESPONDENT
JUDGE:
LINDGREN J
DATE:
9 MAY 2001
PLACE:
SYDNEY
REASONS FOR JUDGMENT
INTRODUCTION
The applicant (“Mr Symons”) appeals under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (“the AAT Act”) from a decision of the Administrative Appeals Tribunal (“the Tribunal”) given on 28 November 2000. By that decision the Tribunal affirmed two decisions of the respondent (“the Commission”) refusing to grant Mr Symons a pension under the Veterans’ Entitlements Act 1986 (Cth) (“the Act”). The first decision was one given on 11 June 1996 by which the Commission refused a claim made by Mr Symons on or about 5 September 1995 of Cervical Spondylosis. The second decision was one given on 17 April 1997 by which the Commission refused a claim made by Mr Symons on or about 27 March 1997 of Post Traumatic Stress Disorder (“PTSD”).
On 11 April 1997, Mr Symons lodged with the Veterans’ Review Board (“the Board”) an application for review of the first decision. On 28 April 1997 he lodged with the Board an application for review of the second decision.
On 21 October 1997 the Board affirmed both decisions and Mr Symons was advised accordingly on 3 November 1997. On 3 February 1998 he lodged with the Tribunal his application for review of both decisions.
BACKGROUND FACTS
Mr Symons was born on 31 December 1953. He served in the Royal Australian Navy from 14 July 1969 to 13 March 1991. This included a period of “operational service” (in Vietnam)…
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- AGLC
- Symons v Repatriation Commission [2001] FCA 534
- Case
- [2001] FCA 534
- Decision Date
CaseChat Overview and Summary
The court found that the Tribunal did not err in its interpretation of the instruments and did not impose an onus of proof on Mr Symons. The court noted that the Tribunal's use of the phrases "not reasonably satisfied" and "cannot be reasonably satisfied" was descriptive of its state of mind regarding the evidence presented and did not reflect an erroneous imposition of an onus of proof. Furthermore, the court held that the Tribunal's reasoning, though potentially illogical, was not legally erroneous as long as the inferences drawn were reasonably open based on the evidence. The court also rejected the argument that the Tribunal had to apply the more favourable Instrument No 162 of 1996, which was in effect at the time of the Tribunal's decision.
Consequently, the court dismissed the appeal and ordered that the applicant pay the respondent's costs. The decision underscored the importance of correctly interpreting statutory provisions and applying legal principles in administrative decision-making processes. The court's ruling clarified the appropriate application of instruments and the Tribunal's obligations under the Act, affirming that the Tribunal's decision was legally sound and based on a reasonable evaluation of the evidence.
Orders
Orders of the court
1. The application be dismissed.
2. The applicant pay the respondent’s costs.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.