Sydney University Postgraduate Representative Association (SUPRA) v Minister for Transport (NSW) (No 2); Bravo Nuevo v Minister for Transport (NSW) (No 2); Martinez Neira v Minister for..

The case involved three separate actions brought by the Sydney University Postgraduate Representative Association (SUPRA), Bravo Nuevo, and Martinez Neira against the Minister for Transport (NSW). The disputes revolved around allegations of racial discrimination in the eligibility criteria for concessional travel entitlements on public transport services, specifically targeting tertiary students. The applicants argued that the Minister's policy unfairly discriminated against international students based on their nationality. The case was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the Minister's policy for determining eligibility for concessional travel entitlements constituted unlawful discrimination on the basis of nationality. This required an examination of the relevant provisions of the Transport Administration Act 1988 and the Racial Discrimination Act 1975. The court had to determine if the policy's exclusion of international students from concessional travel entitlements was a discriminatory practice under the Racial Discrimination Act.

The court found that the Minister's policy did indeed constitute unlawful discrimination under the Racial Discrimination Act. The court ruled that the policy unfairly excluded international students from accessing concessional travel entitlements based on their nationality, which was discriminatory. The court also noted that the policy did not meet the exceptions outlined in the Racial Discrimination Act for what would constitute lawful discrimination. Consequently, the court ordered the Minister to cease the discriminatory practice and awarded damages to the applicants for the economic loss suffered due to the discrimination. The court also ordered that the policy change take effect three months after the date of the orders to allow for implementation of the necessary changes.

The final orders included the payment of damages to the respective applicants, an injunction preventing the Minister from discriminating against international students in determining eligibility for concessional travel entitlements, and a requirement for the Minister to pay the applicants' legal costs. The court also granted liberty for the parties to apply for further orders in the future if necessary.