Foreign student’s claim of racial discrimination by landlord dismissed

An international student who accused his landlord of racial discrimination and threatened an “unprecedented tenant landlord trial” has lost his bid for compensation.

An international student who accused his landlord of racial discrimination and threatened an “unprecedented tenant landlord trial” has lost his bid for compensation.

South American Raul Mendez Pattarroyo claimed that two emails sent by landlord Tegan Simmonds amounted to less favourable treatment on the basis of race, but that claim was dismissed after a hearing at the Queensland Civil and Administrative Tribunal (QCAT).

In the first email, Simmonds wrote to Patarroyo on November 19, 2019: “As mentioned in my email in early October, you are a fraud and a cheat (which is well established), this is what you people do, but in any case I am straightforward and I will inform all authorities and university about people like you – and I will report you to all agencies including and not limited to Immigration.”

The second email, sent three days later, said: “I have also contacted the Immigration Office and UQ International Students Services, as I know you talked about applying for PR and to extend, so I will follow up on all of this. I am keeping updated and will follow due process from all aspects.”

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Patarroyo was a student at UQ at the time of the tribunal hearing last year. The decision was delivered on February 6 and published on Thursday, March 9. Picture David Clark

Patarroyo argued that the emails constituted direct discrimination and sought $1000 compensation, with his original claim for $13,000 abandoned at the hearing.

Simmonds refuted the allegation, telling the tribunal that the emails should be viewed in the context of a bitter tenancy dispute and after Patarroyo made a series of false allegations and threats after she had refused to end his rental contract early.

She said the reference to “you people” was in relation to him being a tenant and nothing to do with his race.

Simmonds also sought an order forcing Pattarroyo to remove “slanderous videos” of her posted to YouTube.

In her decision, QCAT Senior Member Samantha Traves noted that Simmonds rented out a large house to several students, with some of those students giving evidence that she would “go out of her way to make them feel at home”.

“Ms Simmonds’ contact with Mr Patarroyo was similarly caring and friendly, until around October/November 2019 when their relationship became strained,” the decision said.

The case centred on a series of emails sent between the tenant and landlord. Photo: istock

Member Traves also noted emails sent by Simmonds to Patarroyo referring to his request to break the lease and that he did not want to pay rent over the term break.

She also noted emails from Simmonds to other student tenants where she used similar terminology such as “folks like you”, finding that there was no less favourable treatment of Patarroyo.

Turning to email two, Member Traves was not persuaded that Simmonds had threatened to report Patarroyo’s conduct because of his race, but rather because she felt it was fraudulent and threatening.

Simmonds gave evidence that Patarroyo had, via email, made threats and described a number of expensive items he had in his room, namely two laptops, a $10,000 Tag Hueuer watch and a $25,000 Rolex watch, that he claimed she would be responsible for in case of any loss.

Patarroyo then sent an email later that same day saying: “I am willing to afford the most qualified lawyers in Brisbane and do an unprecedented tenant landlord trial in the history of Brisbane. Also, I undoubtedly claim a huge compensation for all the psicological (sic) and

physical damages.”

Simmonds contacted the police, the university and immigration authorities after receiving that email.

“On balance, I am not persuaded that Ms Simmonds threatened to report Mr Patarroyo’s conduct because of his race,” Member Traves said in the decision.

“I find that Ms Simmonds threatened to report the conduct because, in her view, the conduct was fraudulent and threatening.”

The tribunal lacked jurisdiction to give the order sought by Simmonds.

Originally published as Foreign student’s claim of racial discrimination by landlord dismissed