Rohner, Felix Walter & Anor v Scanlan, Linda & Anor [1998] FCA 1006

Rohner, Felix Walter & Anor v Scanlan, Linda & Anor [1998] FCA 1006

The court held that the Migration Regulations' definition of 'spouse' as restricted to opposite sex partners did not amount to discrimination on the ground of sex under s 5(1) of the Sex Discrimination Act 1984 (Cth), because it applied equally to all applicants regardless of their sex. Any less favourable treatment arose on the basis of the nature of the relationship (same sex), not the sex of the applicant.

Jurisdiction
Australia
Judgment Date
24 August 1998
Procedural Posture
Appeal / Decision on Appeal From a Judge of the Federal Court of Australia
Outcome
appeal dismissed
Legal Topics
['meaning of Spouse Under Migration Regulations' 'sexual Orientation and Discrimination' 'validity of Regulation Under Sex Discrimination Act']
['discrimination Law' 'migration Law' 'administrative Law'] ['meaning of Spouse Under Migration Regulations' 'sexual Orientation and Discrimination' 'validity of Regulation Under Sex Discrimination Act']

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Procedural Posture

Appeal / Decision on Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the definition of 'spouse' in the Migration Regulations, limited to opposite sex partners, contravenes the Sex Discrimination Act 1984 (Cth)" "Whether denial of a visa on the basis that a same sex partner is not a 'spouse' is discrimination on the ground of sex under the Act"]

Ratio Decidendi

The court held that the Migration Regulations' definition of 'spouse' as restricted to opposite sex partners did not amount to discrimination on the ground of sex under s 5(1) of the Sex Discrimination Act 1984 (Cth), because it applied equally to all applicants regardless of their sex. Any less favourable treatment arose on the basis of the nature of the relationship (same sex), not the sex of the applicant.

Court Disposition

appeal dismissed

Orders

  • ['The Appeal be dismissed.']