Dranichnikov v Minister for Immigration, Multicultural & Indigenous Affairs (No 2) [2002] FCA 1463

FEDERAL COURT OF AUSTRALIA Dranichnikov v Minister for Immigration, Multicultural & Indigenous Affairs (No 2) [2002] FCA 1463 HUMAN RIGHTS – sex discrimination – migrant woman – husband's application for protection visa – included in application as family unit member – no separate claim raised – whether discrimination in dealing with her as family member with dependant claim – erroneous refusal by Minister to entertain separate application from wife – whether unlawful discrimination – erroneous refusal of bridging visa A – whether unlawful discrimination – whether bias on part of Federal Magistrate – no grounds of appeal made out – appeal dismissed Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 49B, s 46PO Sex Discrimination Act 1984 (Cth) s 5, s 6, s 26 Migration Act 1958 (Cth) s 36, s 48A. s 54, s 68(4) Migration Regulations 1994 (Cth) cl 866.21, 866.22 Federal Court of Australia Act 1976 (Cth) s 24

Dranichnikov v Minister for Immigration & Multicultural Affairs [2000] FCA 63 cited Dranichnikov v Minister for Immigration & Multicultural Affairs [2000] FCA 1801 cited Dranichnikov v Minister for Immigration & Multicultural Affairs (2001) 65 ALD 444 cited Dranichnikov v Minister for Immigration & Multicultural Affairs (2001) 109 FCR 397 cited OLGA DRANICHNIKOV v MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS Q34 OF 2002 FRENCH J 5 DECEMBER 2002 PERTH (HEARD IN BRISBANE)

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q34 OF 2002

BETWEEN: OLGA DRANICHNIKOV

APPELLANT

AND: MINISTER FOR IMMIGRATION, MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 5 DECEMBER 2002

WHERE MADE: PERTH (HEARD IN BRISBANE)

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.