Ebber v Human Rights and Equal Opportunity Commission

Clemens and Ursula Ebber, German nationals, applied for registration as architects in Queensland under the Architects Act 1962 (Qld) and the Architects Act 1985 (Qld). Their German architectural qualifications were not accepted as sufficient to satisfy the academic element of the requirements for registration, and they complained to the Human Rights and Equal Opportunity Commission. The Commission dismissed their complaints as misconceived or lacking in substance. The Ebbers sought judicial review of that decision. The Commission argued that the refusal to accept their German qualifications as sufficient for registration was not based on their German national origin but on the perceived quality of their qualifications. The Ebbers contended that the refusal was discriminatory because it treated their qualifications less favourably than those from other countries, and they argued that their German origin was the reason for the differential treatment. The court considered whether the Commission's decision could be reviewed on the grounds that the Commission failed to consider whether the Ebbers' case might be one of indirect discrimination under s. 9(1A) of the Racial Discrimination Act 1975 (Cth). The court found that the Commission's decision was not flawed and dismissed the applications. The court held that the refusal to accept the Ebbers' qualifications was not based on their national origin but on the perceived quality of their qualifications, and therefore, it did not involve discrimination prohibited by the Act. The court also found that the Ebbers had not made out a case of indirect discrimination under s. 9(1A) of the Act, as they had not provided any evidence to suggest that their case might be one of indirect discrimination.