Hamas’s Federal Court bid to overturn terror listing

Hamas has launched a Federal Court challenge seeking to overturn the Australian government’s listing of the organisation in its entirety as a terrorist group.

Federal Court documents obtained by the Herald Sun show the group is asking the court to throw out the March 2022 decision by the Morrison government to proscribe all of Hamas, rather than only its military wing, the Izz al-Din al-Qassam Brigades. That decision brought Australia into line with the United States and United Kingdom, and came more than 18 months before the October 7 attacks.

According to the documents, Hamas disputes that all casualties and events of October 7, 2023 can be considered terrorist acts perpetrated by it, claims to pose no threat to Australia, and argues its humanitarian, medical, education, water, disability and administrative functions cannot be treated as terrorist acts.

The masthead reported that an initial application to be delisted was rejected in July last year, and a fresh bid lodged in November had not been decided, prompting the court action. An administrative hearing was held on Monday, with the matter set to return in May for an interlocutory hearing.

Hamas is seeking a declaration that the listing regulations are invalid or inoperative, or an order compelling the government to act on its delisting bid. It is represented by Sydney solicitor Daniel Taylor, who also acted for Indigenous activist Robbie Thorpe in a case brought on the organisation’s behalf and thrown out by Justice Graeme Hill in February.