Macabenta v Minister of State for Immigration & Multicultural Affairs [1998] FCA 1643

FEDERAL COURT OF AUSTRALIA RACIAL DISCRIMINATION – migration regulations made to enable conferral of resident status on citizens of certain strife-torn countries – whether nationals of other countries were similarly entitled by operation of s 10 of Racial Discrimination Act - "national origin" – whether "nationality" means the same as, or is included in, the meaning of "national origin" – whether entitlement under the regulations is a relevant right – whether unequal enjoyment of rights was by reason of the regulations – whether "special measures" exemption applies – whether "benign discrimination".

Racial Discrimination Act 1975 (Cth) s 10

Ealing London Borough Council v Race Relations Board [1972] AC 342 followed Australian Medical Council v Wilson (1996) 68 FCR 46 followed De Silva v Ruddock (Merkel J, Federal Court of Australia, 19 February 1998 unreported) followed Mandla v Lee [1983] 2 AC 548 considered Yildiz v Minister for Immigration and Ethnic Affairs (1982) 46 ALR 112 followed Gerhardy v Brown (1985) 159 CLR 70 referred to Melkman v Commissioner of Taxation (1988) 20 FCR 331 followed Espinoza v Farah Manufacturing Co Inc 414 US 86 (1973) referred to Saint Francis College v Al-Khazraji 481 US 604 (1987) referred to

MARIA MACABENTA v MINISTER OF STATE FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

NG 384 of 1998 CARR, SUNDBERG & NORTH JJ PERTH (heard in Sydney) 18 DECEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 384 of 1998

On appeal from a Judge of the Federal Court of Australia

BETWEEN: MARIA MACABENTA

Appellant

AND: MINISTER OF STATE FOR IMMIGRATION

AND MULTICULTURAL AFFAIRS

Respondent

JUDGES: CARR, SUNDBERG & NORTH JJ DATE OF ORDER: 18 DECEMBER 1998 WHERE MADE: PERTH (heard in Sydney)