Dost Mohammed, R (on the application of) v Secretary of State for Defence

Dost Mohammed, R (on the application of) v Secretary of State for Defence

The exclusion of the appellant from the ex gratia payment scheme was based on nationality, not race. The scheme, as amended, was a formal arrangement made or approved by a Minister of the Crown and thus fell within the protection of section 41(2)(d) of the Race Relations Act 1976. There was no unlawful discrimination.

Parties
Appellant: Dost Mohammed; Respondent: Secretary of State for Defence
Jurisdiction
England and Wales
Judgment Date
01 May 2007
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Nationality Discrimination, Ex Gratia Payments, San Francisco Treaty 1951, Race Relations Act 1976, Judicial Review
Administrative Law Discrimination Law Race Discrimination Nationality Discrimination Ex Gratia Payments San Francisco Treaty 1951 Race Relations Act 1976 Judicial Review

Case Brief

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Parties

Dost Mohammed

Appellant

Secretary of State for Defence

Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the exclusion of the appellant from the ex gratia payment scheme was based on race or nationality
  2. 2 Whether the scheme as amended was unlawful under the Race Relations Act 1976
  3. 3 Whether the scheme arrangements were sufficiently formal to be protected under section 41(2)(d) of the Race Relations Act

Ratio Decidendi

The exclusion of the appellant from the ex gratia payment scheme was based on nationality, not race. The scheme, as amended, was a formal arrangement made or approved by a Minister of the Crown and thus fell within the protection of section 41(2)(d) of the Race Relations Act 1976. There was no unlawful discrimination.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.