Commonwealth of Australia v Stamatov [1999] FCA 105

FEDERAL COURT OF AUSTRALIA

Commonwealth of Australia v Stamatov [1999] FCA 105 DISCRIMINATION LAW – racial discrimination in employment – judicial review – non-citizen granted employment in defence establishment subject to obtaining security clearance – employee citizen of country where background checking impossible – whether dismissal because clearance could not be obtained "by reason of" national original – whether procedures for obtaining security clearance discriminatory – direct or indirect discrimination – whether discrimination "based on" or "by reason of" national origin – reasonableness of requirement. WORDS & PHRASES – "national origin" Administrative Decisions (Judicial Review) Act 1977 (Cth) Racial Discrimination Act 1975 (Cth), ss 9(1), 9(1A), 15, 18 25Z(1)(b)(ii) International Convention on the Elimination of All Forms of Racial Discrimination, 1965

Langer v Correctional Services Division-Department of Justice (Victoria) (1993) EOC 92-547 referred to Ellenbogen v Human Rights and Equal Opportunity Commission and Others (1994) EOC 92-564 referred to Macedonian Teachers' Association of Victoria Inc v Human Rights and Equal Opportunity Commission unreported Weinberg J, 21 December 1998 applied Macabenta v Minister of State for Immigration and Multicultural Affairs unreported, Full Court Federal Court, 18 December 1998 applied De Silva v Minister for Immigration and Multicultural Affairs unreported, Full Court Federal Court, 24 November 1998 referred to Ealing London Borough Council v Race Relations Board [1972] AC 342 cited Macabenta v Minister of State for Immigration and Multicultural Affairs (1998) 154 ALR 591 referred to March v Stramare (E & MF) Pty Ltd (1991) 171 CLR 506 referred to Human Rights and Equal Opportunity Commission v Mt Isa Mines (1993) 46 FCR 301 cited Ebber v Human Rights and Equal Opportunity Commission (1995) 129 ALR 455 cited Australian Medical Council v Wilson (1996) 68 FCR 46 cited