Hamas seeks to overturn Australian terror listing

Hamas has filed an application in a Federal Court case to challenge its designation as a terrorist organisation in Australia, arguing the listing breaches international law and provides legal cover for Israeli attacks on Palestinians.

The application, lodged on October 15, was filed as part of a court case brought by Indigenous activist and radio host Uncle Robbie Thorpe, who argues the Hamas terror designation limits freedom of political communication in Australia.

In the interlocutory application, Hamas sought leave to intervene and raise additional grounds for judicial review of the government’s decision to maintain its proscription.

The application argues that Hamas was denied procedural fairness in the government’s consideration of a de-proscription application. “Hamas is an interested party. Hamas is the Governing Authority in Gaza. Hamas could be contacted at all times through its Diplomatic Mission in Qatar,” the document states.

The filing claims “the ongoing proscription impeded negotiations, exposing even the negotiators to assassination” and “impedes the maintenance of any cease-fire agreement”.