Iliafi v The Church of Jesus Christ of Latter-Day Saints Australia

The appeal in Iliafi v The Church of Jesus Christ of Latter-Day Saints Australia was heard before the Federal Court of Australia. The appellants were members of the Church who claimed that the decision to disband the Samoan-speaking wards in Queensland was discriminatory and in breach of the Racial Discrimination Act 1975 (Cth). They argued that the requirement to conduct services solely in English nullified their right to freely practice their religion and express themselves in their native language, as protected by various international conventions.

The primary legal issues the court had to decide were whether the Church's decision constituted direct or indirect discrimination under section 9 of the Racial Discrimination Act and whether it impaired the appellants' human rights and fundamental freedoms. The court considered whether the Church's decision had the purpose or effect of nullifying or impairing the appellants' rights to freedom of religion, freedom of expression, and the right to their nationality and culture.

The court found that the appellants' claims did not succeed as the Church's decision was based on logistical and administrative considerations rather than discriminatory intent. The court noted that the Church had provided translation equipment to assist non-English speaking members, and while the appellants could still worship in Samoan privately, public services had to be conducted in English to accommodate the majority of members. The court concluded that the decision did not have the purpose or effect of nullifying or impairing the appellants' rights and was therefore not unlawful under the Racial Discrimination Act.

The appeal was dismissed, and the parties were directed to file a minute of order regarding costs or written submissions if costs could not be agreed upon.