The issue here is exactly the issue affirmative action aims to help resolve - if you leave it so universities can if they so choose look at how someone’s experience of race has impacted on them, many of them won’t, because of structural racism and how ingrained it is. This decision is not requiring universities to consider their admission practices and what barriers might be in place - and many won’t.

It’d be great if they did, and in an ideal world we wouldn’t need requirements like this because universities and other organisations would proactively consider how their processes and decisions might be creating or removing barriers for all their students. Currently, that isn’t happening.