Mohammed, R (on the application of) v Secretary of State for Defence [2006] EWHC 2098 (Admin) (11 August 2006)

Mohammed, R (on the application of) v Secretary of State for Defence [2006] EWHC 2098 (Admin) (11 August 2006)

The exclusion of the claimant from the ex gratia payment scheme was based on his nationality as a Pakistani national, not on his race. The evidence shows that the lists for compensation were compiled on the basis of nationality, and the exclusion was not racially discriminatory. The exclusion is lawful under section 41(2)(d) of the Race Relations Act 1976, and the policy is not irrational under common law principles of equality.

Citation
[2006] EWHC 2098 (Admin)
Parties
Claimant: Dost Mohammed; Defendant: Secretary of State for Defence
Jurisdiction
England and Wales
Judgment Date
11 August 2006
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Race Discrimination, Nationality Discrimination, Ex Gratia Payments, Public Law Rationality, Interpretation of Race Relations Act 1976
Administrative Law Equality Law Human Rights Race Discrimination Nationality Discrimination Ex Gratia Payments Public Law Rationality Interpretation of Race Relations Act 1976

Case Brief

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Parties

Dost Mohammed

Claimant

Secretary of State for Defence

Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether refusal of ex gratia payment to the claimant was unlawful discrimination under the Race Relations Act 1976
  2. 2 Whether the exclusion was irrational under the common law principle of equality
  3. 3 Whether the exclusion was based on race or nationality

Ratio Decidendi

The exclusion of the claimant from the ex gratia payment scheme was based on his nationality as a Pakistani national, not on his race. The evidence shows that the lists for compensation were compiled on the basis of nationality, and the exclusion was not racially discriminatory. The exclusion is lawful under section 41(2)(d) of the Race Relations Act 1976, and the policy is not irrational under common law principles of equality.

Court Disposition

Claim dismissed