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Hamas Seeks Australian Terror Delisting in Court as Judge Rejects Initial Bid

A judge has already refused an initial intervention request, with the government defending the 2022 designation.

Overview

  • Hamas lodged Federal Court documents via Robbie Thorpe’s case urging removal of its terror listing, arguing the proscription breaches international law and hinders ceasefire efforts.
  • The court refused Hamas’s interlocutory application on October 21, and a full hearing in Thorpe’s challenge is scheduled for February, with the Commonwealth contesting the case.
  • Thorpe’s lawyer says further Federal Court filings are planned alongside a formal request to the government to delist Hamas.
  • Home Affairs Minister Tony Burke stated in July that Hamas still meets the statutory threshold for proscription, referencing the October 7, 2023 attacks and the group’s ongoing conduct.
  • Jewish community leaders condemned the delisting push, while earlier debates highlighted that Australia’s 2022 decision to proscribe all of Hamas criminalises support, recruitment and financing.