Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
IMMIGRATION – Migration Act 1958 (Cth) – whether regulation made under the Migration Act 1958 (Cth) amending the eligibility criteria for a temporary visa was invalid for unreasonableness – whether the regulation was reasonably proportionate to the purpose of the regulation‑making power – application of the reasonable proportionality test to purposive powers – whether the regulation discriminated against the Appellants on the basis of their national origin – Racial Discrimination Act 1973 (Cth) – relationship between direct and indirect discrimination
Racial Discrimination Act 1973 (Cth): s 9(1)
Migration Regulations 1990: Schedule 2, Part 435
Migration Regulations (Amendment) Statutory Rule No 184 of 1997: clause 7
Migration Regulations (Amendment) Statutory Rule No 279 of 1997
LIYANAGE PILAK ROBERT LEONARD DE SILVA & ORS v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS & ANOR VG 67 of 1998 BLACK CJ, GOLDBERG & FINKELSTEIN JJ MELBOURNE 24 NOVEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 67 of 1998
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: LIYANAGE PILAK ROBERT LEONARD DE SILVA & ORS
Appellants
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
First Respondent
THE COMMONWEALTH OF AUSTRALIA
Second Respondent
JUDGES: BLACK CJ, GOLDBERG & FINKELSTEIN JJ
DATE OF ORDER: 24 NOVEMBER 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. Kanchane Dinesh Rajapakse of West Footscray be joined as an appellant in the appeal. 2. The appeal be dismissed. 3. The appellants whose names are set out in the schedule to this order pay the respondents' costs of the appeal but in the event that any appellant pays to the solicitor for the respondents a 1/158th share of the costs within six weeks of the costs being agreed between the solicitors for the parties or taxed, then that payment shall be in full and final discharge of that appellant's liability for the costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
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