Yanda and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by Yanda to the Administrative Appeals Tribunal (AAT) for review of a decision made by the Repatriation Commission. The core of the dispute revolved around whether the AAT possessed the necessary jurisdiction to hear Yanda's appeal.

The primary legal issue before the Tribunal was whether it had the jurisdiction to review a decision of the Department of Veterans Affairs when that decision had not been the subject of an appeal to the Veterans Review Board (VRB) under section 135 of the *Veterans Entitlements Act 1986* (Cth).

The Tribunal determined that its jurisdiction is strictly confined by the powers conferred upon it by statute. It reasoned that it could not entertain an application if it fell outside its statutory remit, regardless of the perceived merits of the case. The Tribunal concluded that it lacked the jurisdiction to review the decision in question because the prerequisite step of appealing to the VRB had not been taken. Consequently, the application was dismissed pursuant to section 42A(4) of the *Administrative Appeals Tribunal Act 1975* (Cth). The Tribunal noted that Yanda might consider approaching the VRB directly to explore available options.