Pedraza v Macquarie University [2021] NSWCATAD 233

Pedraza v Macquarie University [2021] NSWCATAD 233

Leave was refused because the complaint and available evidence were lacking in substance and did not establish an arguable case that Macquarie University acted unlawfully on the ground of race. The Tribunal accepted that learning the pronunciations of 129 words was a fundamental component of the pass-out test, that Mr Pedraza was required to learn those words in the same circumstances as other trainees, and that his failure of the pass-out test and essay components showed he had not met academic course requirements rather than suffered race discrimination.

Jurisdiction
Australia
Judgment Date
12 August 2021
Procedural Posture
Race Discrimination in Education Complaint Under the Anti Discrimination Act 1977 (nsw) / Application for Leave for Complaint to Proceed After the President Declined the Complaint and Referred It to the Tribunal at the Complainant's Request
Outcome
Leave for the complaint against Macquarie University to proceed is refused.
Legal Topics
['race Discrimination in Education' 'leave to Proceed' 'complaint Lacking in Substance' 'academic Assessment and Exclusion' 'english Language Pronunciation Assessment']
['human Rights' 'equal Opportunity' 'anti Discrimination' 'education'] ['race Discrimination in Education' 'leave to Proceed' 'complaint Lacking in Substance' 'academic Assessment and Exclusion' 'english Language Pronunciation Assessment']

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Procedural Posture

Race Discrimination in Education Complaint Under the Anti Discrimination Act 1977 (nsw) / Application for Leave for Complaint to Proceed After the President Declined the Complaint and Referred It to the Tribunal at the Complainant's Request

Legal Issues

  1. 1 ['Whether leave under s 96(1) of the Anti-Discrimination Act 1977 (NSW) should be granted for the complaint to proceed.' 'Whether the complaint had an arguable basis that Macquarie University discriminated against Mr Pedraza on the ground of race in education.' 'Whether the pass-out test and exclusion from the course were connected to race or were consequences of academic assessment and course requirements.']

Ratio Decidendi

Leave was refused because the complaint and available evidence were lacking in substance and did not establish an arguable case that Macquarie University acted unlawfully on the ground of race. The Tribunal accepted that learning the pronunciations of 129 words was a fundamental component of the pass-out test, that Mr Pedraza was required to learn those words in the same circumstances as other trainees, and that his failure of the pass-out test and essay components showed he had not met academic course requirements rather than suffered race discrimination.

Court Disposition

Leave for the complaint against Macquarie University to proceed is refused.

Orders

  • ['Leave for the complaint against Macquarie University to proceed is refused.']