In the wake of the Nice terror attacks, Ms Kruger, a presenter on the respondent's Today programme, repeatedly stated that she would like Australia's borders closed to Muslims as there was a correlation between the number of Muslims in a country and the number of terrorist attacks in that country. The tribunal had to determine whether her words amounted to racial vilification contrary to the Anti-Discrimination Act 1977. It was agreed that the target group for the purposes of the application was Muslims living in Australia. The respondent argued that that group did not have an ethno-religious origin for the purposes of the Act, such that a claim for racial vilification could not be founded. The tribunal noted that a group would be identifiable in terms of its ethnic origins if the evidence established that it was a segment of the population distinguished from others by a sufficient combination of shared customs, beliefs, traditions and characteristics derived from a common or presumed common past, even if not drawn from a common racial stock. It was of importance whether or not the evidence established that the group had a historically determined social identity in their own eyes and in the eyes of those outside the group. In this case, the evidence provided was not sufficient to establish that Muslims living in Australia were a race by virtue of common ethnic or ethno-religious origin, such that section 20C of the Act was not engaged. Ms Kruger's remarks would likely encourage hatred towards, or serious contempt for, Australian Muslims by ordinary members of the Australian population and as such were found to amount to vilification, but the finding that the vilification was not racial meant that the application was dismissed. [RA]