Atroushi v Coles Supermarket Australia Pty Ltd

The applicant, Atroushi, sought leave from the Federal Court of Australia to make an application under section 46PO(1) of the *Australian Human Rights Commission Act 1986* (Cth) alleging unlawful discrimination by the respondent, Coles Supermarket Australia Pty Ltd. The alleged discrimination arose from an incident involving the applicant and employees of Coles at one of its supermarkets.

The central legal issue before the Court was whether the matters relied upon by the applicant disclosed a reasonably arguable case of unlawful discrimination based on ethnicity or age, as required for leave to be granted under section 46PO(3A) of the Act.

Judge Manousaridis determined that the applicant had not established a reasonably arguable case of unlawful discrimination. The Court applied the principles governing applications for leave under section 46PO(3A), which require a threshold demonstration of a plausible, rather than merely speculative, claim of discrimination. Without this threshold being met, the Court found no basis to grant leave.

Consequently, leave to make the application was not granted, and the application was otherwise dismissed.