Khanna v Director General, NSW Department of Education and Communities

The applicant, Khanna, appealed to the Administrative Appeals Tribunal to grant leave to proceed with a complaint of race discrimination against the Director General, NSW Department of Education and Communities. The dispute was heard by the Administrative Appeals Tribunal, which was required to decide whether the application for leave should be granted. The Tribunal considered whether it was fair and just to grant the application for leave given that the complaint lacked merit, and there was no basis to infer that race was one of the reasons for the conduct complained of.

The legal issue before the Tribunal was whether it was fair and just to grant leave for the complaint to proceed. The Tribunal considered whether the applicant's complaint had prospects of success and if there were any other compelling reasons for the complaint to proceed. The Tribunal also considered whether the applicant had established a prima facie case of discrimination and whether there was any evidence to support the inference that race was one of the reasons for the conduct.

The Tribunal found that the applicant had not established a prima facie case of discrimination and that there was no basis on which an inference could be drawn that race was one of the reasons for the conduct. The Tribunal held that the application for leave should be refused as the complaint lacked merit and there were no other compelling reasons for the complaint to proceed. The Tribunal found that it was not fair and just to grant leave for the complaint to proceed as there was no reasonable prospect of success. The Tribunal noted that the applicant had not provided any evidence to support the inference that race was one of the reasons for the conduct.

The Tribunal refused leave for the complaint of race discrimination to proceed. The Tribunal found that the applicant had not established a prima facie case of discrimination and that there was no basis on which an inference could be drawn that race was one of the reasons for the conduct. The Tribunal held that it was not fair and just to grant leave for the complaint to proceed as there was no reasonable prospect of success.