Walker and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by Mr Walker to the Administrative Appeals Tribunal (AAT) for review of a decision made by the Veterans Review Board (VRB). The VRB had declined to reinstate Mr Walker's application for review of a decision by the Repatriation Commission.

The primary legal issue before the AAT was whether the VRB's decision to decline reinstatement of Mr Walker's application was a reviewable decision by the Tribunal. This depended on whether the VRB's decision fell within the scope of decisions for which the AAT had jurisdiction to review under the relevant legislation.

The AAT reasoned that jurisdiction to review VRB decisions is conferred by section 155A(1) of the *Veterans' Entitlements Act 1986* (VEA), which specifically lists decisions made under subsections 155(4), (7), or (8) of the VEA as reviewable. The VRB's decision in Mr Walker's case was made under subsection 155(11) of the VEA, which deals with the reinstatement of applications dismissed in error. The AAT found that there was no provision in the VEA granting it jurisdiction to review a VRB decision declining to reinstate an application under subsection 155(11).

Consequently, the AAT concluded that it lacked jurisdiction to review the VRB's decision. Mr Walker's application to the Tribunal was therefore dismissed.