NSW law denied Muslims race protection absent linkage to a specific ethnic origin

Evidence

The Tribunal did not engage with the established definition of ‘ethnic’ given that NSW law uses the term ‘ethno-religious’ in addition to ‘ethnic’. The Tribunal also provided a list of what it considered to be better examples of a group of ethno-religious origin for the purpose of the ADA, including ‘Javanese Christians, Bosnian Muslims or Northern Irish Catholics’. The Tribunal’s list associates certain geographical origins with certain religions, an association that the applicant was seen as failing to provide. Under the heading ‘The applicant’s race’ the Tribunal noted that it was insufficient for Mr Khan to simply state his Muslim faith as being a Muslim was not a racial identity. Instead, the Tribunal required ‘some evidence’ of a ‘close tie between that faith and his race, nationality or ethnic origin’ for Mr Khan to fall within the meaning of ethno-religious and therefore race under the ADA (para 21). — Mareike Riedel, Islamophobia, Racial Discrimination…, 50

Categorization

• XREF: Direct comparative datapoint for the reader’s question: an ethno-religious statutory ground functioning through a national-origin proxy rather than religion itself — relevant to whether France’s refusal differs materially in outcome. — connects to: Courts deny Muslims anti-racism protection when they lack shared self-identification — Mareike Riedel, Islamophobia, Racial Discrimination…, 55; Courts deny Muslims race discrimination protection absent proof of self-unification. — Mareike Riedel, Islamophobia, Racial Discrimination…, 55; British race law excluded Muslims as a multi-ethnic religious group until late — Chris Allen, Islamophobia, 60 (+4 more)

Related

• Courts deny Muslims race discrimination protection absent proof of self-unification. (similarity 0.83)
• Courts deny Muslims anti-racism protection when they lack shared self-identification (similarity 0.80)
• British race law excluded Muslims as a multi-ethnic religious group until late (similarity 0.79)
• Courts deny Muslims racial discrimination protection because ‘race’ is ill-defined in law. (similarity 0.78)

Broader Connections

• British race law excluded Muslims as a multi-ethnic religious group until late #corroborates (0.92) — Chris Allen, Islamophobia, 60
• Muslims were told anti-Muslim racism cannot exist because Muslims are not a race #corroborates (0.88) — Runnymede Trust (ed. Farah Elahi & Omar Khan), Islamophobia, 583
• Ethnic data categories cannot capture the Muslim penalty in British institutions #expands (0.82) — Runnymede Trust (ed. Farah Elahi & Omar Khan), Islamophobia, 54
• Muslims’ racial diversity undermines race-based legal claims #qualifies (0.80)
• Religious freedom protections remain racially constrained for Muslims #expands (0.75) — Sahar F. Aziz, The Racial Muslim, 808