Hamas’s Federal Court bid to overturn terror listing
The terror group argues its humanitarian, medical and education functions cannot be treated as terrorist acts, and disputes that all of October 7 was its doing
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.
Australia-Israel Allies Caucus chair Andrew Wallace said all Australians should be appalled. “This is the same Hamas responsible for the horrific October 7, 2023 terrorist attacks in Israel, when 1200 innocent people were murdered and 251 were taken hostage into Gaza,” the Liberal MP said. “And now Hamas wants Australia to stop calling it a terrorist organisation? Give me a break.”
Wallace said the 2022 listing recognised that the political leadership of Hamas could not be separated from the terrorism carried out in its name, and called on the government to defend the designation vigorously.
“The Albanese Government must ensure Australia does not retreat one millimetre from its commitment to combating terrorism and antisemitism,” he said. “Our Jewish community deserves to know that their government will stand firmly against those who seek to legitimise organisations responsible for the murder of innocent civilians.”
Executive Council of Australian Jewry (ECAJ) co-chief executive Alex Ryvchin said the bid was a disturbing progression in anti-Israel activism in Australia.
“Not satisfied with vilifying Israelis and Jewish Australians they now seek to defend Hamas in the courts,” Ryvchin said. “The effect of this would be to allow Australians to donate money to Hamas and publicly support it.
“While there is no prospect of this action succeeding, the very fact that any Australian lawyers would seek to bring this action denigrates the profession and shows the malice and fanaticism running through the anti-Israel movement.”
Zionist Federation of Australia (ZFA) president Jeremy Leibler told the Herald Sun the sheer audacity of the bid was breathtaking. “Hamas can engage as many lawyers as it likes, but no amount of legal argument can erase the atrocities of October 7 or its decades-long record of terrorism,” he said.