Macabenta, Maria v Minister for Immigration & Multicultural Affairs [1998] FCA 385

FEDERAL COURT OF AUSTRALIA DISCRIMINATION LAW - representative action - whether new 1997 Migration Regulations attract operation of s 10 of Racial Discrimination Act ("the RDA") - meaning of "national origin" - whether the same as "nationality" - meaning of "right" - whether regulations operate unequally with respect to the enjoyment of any right - whether there is indirect discrimination - whether the regulations are "special measures" - whether regulations can be described as "benign" discrimination and therefore outside s 10 - differences between the operation of s 9 and s 10 of the RDA - effect of past governmental action in permitting extensions of residence. MIGRATION LAW - new visa class providing for applications for permanent residence - Statutory Rule ("SR") 279 applicable to specified countries only - whether SR 279 operates unequally with respect to enjoyment of rights by persons from other countries - history of visa extensions. Racial Discrimination Act 1975 (Cth) s 10 Statutory Rule No 279 of 1997 Migration Act 1958 (Cth) s 504(1) English Race Relations Act 1968 International Convention on the Elimination of all Forms of Racial Discrimination, 1965 Gerhardy v Brown (1985) 159 CLR 70, cited Ealing London Borough Council v Race Relations Board [1972] AC 342, applied Australian Medical Council v Wilson (1996) 68 FCR 46, applied De Silva v Ruddock (unreported, Merkel J, 19 February 1998), applied Mabo v Queensland No 1 (1988) 166 CLR 186, cited Adam v The Czech Republic (Comm No 586/1994, UN Doc CCPR/C/57/D (1996)), cited Western Australia v The Commonwealth (1995) 183 CLR 373, cited MARIA MACABENTA v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 887 OF 1997 TAMBERLIN J SYDNEY 21 APRIL 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 887 of 1997