Trau, Jerzy v Repatriation Commission & Anor [1998] FCA 1459

Trau, Jerzy v Repatriation Commission & Anor [1998] FCA 1459

Discrimination based on domicile of enlistment in allied forces does not constitute discrimination on the grounds of race, descent, or national or ethnic origin; thus, s 10(1) of the Racial Discrimination Act does not override the criteria in the Veterans' Entitlements Act, and the applicant is not entitled to benefits or the Gold Card.

Parties
Applicant: Jerzy Trau; First Respondent: Repatriation Commission; Second Respondent: Human Rights and Equal Opportunity Commission
Jurisdiction
Australia
Judgment Date
19 November 1998
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed with costs
Legal Topics
Racial Discrimination, Entitlement to Veterans' Benefits, Interpretation of Domestic and International Anti Discrimination Provisions
Administrative Law Anti Discrimination Law Veterans Law Racial Discrimination Entitlement to Veterans' Benefits Interpretation of Domestic and International Anti Discrimination Provisions

Case Brief

Summary, issues, holding and outcome

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Parties

Jerzy Trau

Applicant

Repatriation Commission

First Respondent

Human Rights and Equal Opportunity Commission

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether discrimination by reference to domicile constitutes discrimination on the ground of race, descent or national or ethnic origin
  2. 2 Whether s 10(1) of the Racial Discrimination Act 1975 (Cth) overrides the Veterans' Entitlements Act 1986 (Cth)
  3. 3 Whether a right to services under Pt V of the Veterans' Entitlements Act is a fundamental right protected by the Racial Discrimination Act or the Convention

Ratio Decidendi

Discrimination based on domicile of enlistment in allied forces does not constitute discrimination on the grounds of race, descent, or national or ethnic origin; thus, s 10(1) of the Racial Discrimination Act does not override the criteria in the Veterans' Entitlements Act, and the applicant is not entitled to benefits or the Gold Card.

Court Disposition

Application dismissed with costs

Orders

  • The application be dismissed with costs.