A former Canberra taxi driver who raped a passenger in his car and at his home has lost a racial discrimination case after he was expelled from a sex offender's course.

Key points: Neelander Sirohi was convicted of rape in 2013 and served time at Canberra's jail

Neelander Sirohi was convicted of rape in 2013 and served time at Canberra's jail He was expelled from a sex offender's course when his security status was upgraded

He was expelled from a sex offender's course when his security status was upgraded Thursday he lost his racial discrimination case in the ACT Civil and Administrative Tribunal over that expulsion

Neelander Neel Sirohi was deported to India earlier this year after he served four years in prison for raping the vulnerable woman in 2013.

Sirohi had picked up the intoxicated passenger in the early hours of the morning and assaulted her while she was in the front seat. He then took her back to his home in Harrison, in Canberra's north, and again sexually assaulted her before taking her home.

The woman, who had consumed alcohol and prescription drugs, told police she had little memory of the attacks.

Sirohi initially pleaded not guilty and was released on bail. But he was arrested soon afterwards at the Indian High Commission, where he had been trying to get travel documents to flee the country.

Jail 'incident' sparked security upgrade

Last year, the ACT's prison, the Alexander Maconochie Centre, kicked Sirohi out of its adult sex-offender program when his security status was upgraded due to his behaviour and an "incident" with another inmate.

He applied twice to be re-admitted to the course so he could apply for parole, but his heightened security classification prevented his enrolment.

He then complained to the ACT's human rights commissioner, saying his exclusion was based on his race and had worsened his mental health.

Sirohi's behaviour in jail caused his security status to be upgraded. ( ABC News: Alkira Reinfrank )

The anti-discrimination case was referred to the ACT Civil and Administrative Tribunal, where Sirohi appeared via telephone.

He asked the tribunal to order the prison to grant him a certificate of completion of the sex-offender's course to show he was rehabilitated.

However, the ACT's Justice and Community Safety Directorate sought to have the case dismissed, arguing it was "frivolous or vexatious".

The tribunal found the prison program was not a service, within the meaning of discrimination law.

It also found Sirohi's allegation that the jail had denied his re-entry to the course so as to delay his release lacked substance.

Tribunal presidential member Elizabeth Symons said Sirohi failed to tender any evidence, other than his personal beliefs, to prove that his race was the reason he was expelled.

"The tribunal is comfortably satisfied that the applicant's expulsion and subsequent exclusion from [the sex offender's program] was based on his security classification and his behaviour," she wrote in her published decision.

"It did not constitute 'unfavourable treatment' or involve 'the imposition of a disadvantage' for the purposes of … the Discrimination Act."

Ms Symons also found Sirohi's request for evidence to show he had been rehabilitated was not a "reasonable act".

"The applicant did not identify any steps he had taken which show rehabilitation," she wrote.

"The tribunal will order that the application be dismissed as it is lacking in substance and has no reasonable prospects of success."