Rohner v Scanlan [1997] FCA 1202

Rohner v Scanlan [1997] FCA 1202

Regulation 1.15A(2)(a)(i), requiring de facto spouses to be of opposite sexes for migration purposes, does not constitute discrimination on the ground of sex under the Sex Discrimination Act 1984 (Cth) and is not invalidated by reference to international treaty obligations, as the empowering statute is not ambiguous and the regulation treats men and women equally.

Jurisdiction
Australia
Judgment Date
07 November 1997
Procedural Posture
Application for Declarations and Judicial Review / Final Judgment at First Instance
Outcome
Application dismissed
Legal Topics
['validity of Migration Regulations' 'sex Discrimination Under Commonwealth Law' 'application of International Law to Domestic Statutes']
['immigration Law' 'sex Discrimination'] ['validity of Migration Regulations' 'sex Discrimination Under Commonwealth Law' 'application of International Law to Domestic Statutes']

Case Brief

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Procedural Posture

Application for Declarations and Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether reg 1.15A(2)(a)(i) of the Migration Regulations is invalid as discriminatory under the Sex Discrimination Act 1984 (Cth)' 'Whether the regulation is inconsistent with Articles 2(1) and 26 of the International Covenant on Civil and Political Rights' "Whether 'sex' in the Covenant includes 'sexual orientation'" 'Whether s 504(1) of the Migration Act 1958 (Cth) is ambiguous so as to attract the operation of international law in its construction']

Ratio Decidendi

Regulation 1.15A(2)(a)(i), requiring de facto spouses to be of opposite sexes for migration purposes, does not constitute discrimination on the ground of sex under the Sex Discrimination Act 1984 (Cth) and is not invalidated by reference to international treaty obligations, as the empowering statute is not ambiguous and the regulation treats men and women equally.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.' 'There is no order as to costs.']