De Silva, Liyanage Pilak Robert Leonard & Ors v Ruddock, Mr Philip (in his capacity as Minister for Immigration & Multicultural Affairs) & Anor [1998] FCA 95

FEDERAL COURT OF AUSTRALIA MIGRATION LAW - subclass of temporary entry visas created on humanitarian grounds for Sri Lankan nationals - regulations made which enabled some holders of the visa subclass to qualify for permanent visas but made no provision for others - distinction based on date of entry to Australia of visa holder - whether regulations constituted a valid exercise of regulation making power under Migration Act 1958 - whether regulations constituted unlawful discrimination under the Racial Discrimination Act 1973 - invalidity of regulations on the ground of unreasonableness - reasonable proportionality test of validity - whether unreasonableness test is a criterion for determining reasonable proportionality. DISCRIMINATION LAW - whether regulations amending criteria for the humanitarian visa subclass inconsistent with, or constituting unlawful discrimination under Racial Discrimination Act - whether direct discrimination - distinction between 'nationality' and 'national origin' - whether making of the regulation nullifies or impairs any human right or freedom - whether indirect discrimination. Migration Act 1958 (Cth) ss 4, 30, 31, 504(1) Racial Discrimination Act 1973 (Cth) ss 9(1) and 9(1A) Acts Interpretation Act 1901 (Cth) s 16A Migration Regulations Schedule 2, Part 435 Migration Regulations (Amendment) No 184 of 1997 Migration Regulations (Amendment) No279 of 1997

South Australia v Tanner (1989) 166 CLR 161, considered and applied Qiu v Minister for Immigration (1994) 55 FCR 439 considered Bienke v Minister for Primary Industries and Energy (1995) 63 FCR 567 considered Eremin v Minister for Immigration (Wilcox J, 1 August 1990, unreported; and on appeal (1990) 21 ALD 69) considered Coleman v Gray (1994) 55 FCR 412 applied Ealing London Borough Council v Race Relations Board [1972] AC 342 followed Ebber v Human Rights and Equal Opportunity Commission (1995) 129 ALR 455 followed Australian Medical Council v Wilson (1996) 68 FCR 46 considered and followed Commonwealth Bank v Human Rights and Equal Opportunity Commission (1997) 150 ALR cited