Khan v NSW Department of Corrective Sevices and the GEO Group Pty Ltd [2006] NSWADT 188

Khan v NSW Department of Corrective Sevices and the GEO Group Pty Ltd [2006] NSWADT 188

Leave was refused because, even allowing for the unresolved questions concerning ethno-religious status and the potential effect of the Deed, there was no material in the President's report or foreshadowed by the applicant that could found evidence or an inference that the failure to provide Halal food, the security reclassification, or any general mistreatment occurred on the ground of the applicant's ethno-religious status, race, or having done something under or by reference to the Anti-Discrimination Act 1977. The complaints therefore did not have reasonable prospects of success.

Jurisdiction
Australia
Judgment Date
21 June 2006
Procedural Posture
Application for Leave to Proceed With Complaints Under the Anti Discrimination Act 1977 / Leave to Proceed After the President of the Anti Discrimination Board Declined the Complaints and They Were Referred to the Tribunal
Outcome
Leave refused.
Legal Topics
['leave to Proceed' 'race Discrimination' 'ethno Religious Status' 'victimisation' 'prisoner Classification' 'halal Food' 'deed of Release']
['anti Discrimination' 'equal Opportunity'] ['leave to Proceed' 'race Discrimination' 'ethno Religious Status' 'victimisation' 'prisoner Classification' 'halal Food' 'deed of Release']

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Procedural Posture

Application for Leave to Proceed With Complaints Under the Anti Discrimination Act 1977 / Leave to Proceed After the President of the Anti Discrimination Board Declined the Complaints and They Were Referred to the Tribunal

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to proceed with complaints that the respondents discriminated against him by failing to provide Halal food.' 'Whether the applicant should be permitted to rely on ethno-religious status as the asserted ground of discrimination.' 'Whether a 2003 Deed of release barred the complaint concerning Halal food.' "Whether the applicant's reclassification as a higher security risk had reasonable prospects of being established as victimisation." 'Whether a general complaint of victimisation had reasonable prospects of success.']

Ratio Decidendi

Leave was refused because, even allowing for the unresolved questions concerning ethno-religious status and the potential effect of the Deed, there was no material in the President's report or foreshadowed by the applicant that could found evidence or an inference that the failure to provide Halal food, the security reclassification, or any general mistreatment occurred on the ground of the applicant's ethno-religious status, race, or having done something under or by reference to the Anti-Discrimination Act 1977. The complaints therefore did not have reasonable prospects of success.

Court Disposition

Leave refused.

Orders

  • ['Leave is refused']