A court has upheld the finding that Pauline Hanson engaged in racial discrimination against Mehreen Faruqi when she tweeted the Greens senator should “pack your bags and piss off back to Pakistan”.
The One Nation leader launched the appeal in November, almost a month after Justice Angus Stewart found Hanson engaged in “seriously offensive” and intimidating behaviour against Faruqi in the September 2022 social media post that breached the Racial Discrimination Act.
On Monday, Stewart’s decision was unanimously upheld by federal court justices Melissa Perry, Geoffrey Kennett, and Elizabeth Bennett after Hanson’s bid failed on all seven grounds.
Faruqi was in court for the judgment, but Hanson did not make an appearance.
The proceedings centred around an interaction the pair had on X shortly after Queen Elizabeth II died, with the judgment setting out details of the interaction.
Faruqi had tweeted about the Queen’s death: “Condolences to those who knew the Queen. I cannot mourn the leader of a racist empire built on stolen lives, land and wealth of colonised peoples. We are reminded of the urgency of Treaty with First Nations, justice & reparations for British colonies & becoming a republic.”
Hanson tweeted in response: “Your attitude appalls and disgusts me. When you immigrated to Australia you took every advantage of this country. You took citizenship, bought multiple homes, and a job in a parliament. It’s clear you’re not happy, so pack your bags and piss off back to Pakistan – PH.”
Stewart found the One Nation leader’s tweet was unlawful and portrayed Faruqi as a “second-class citizen” who took advantage of Australia and who, as a migrant to the country, “should be grateful for what she has and keep quiet” – a position he declared to be “exclusionary”.
Stewart found Hanson’s comment that Faruqi should “piss off back to Pakistan” was a “variant of the slogan ‘go back to from where you came from’” which he said was an a “racist trope” and a “strong form of racism”.
He added that Hanson’s tweet, given her profile, likely “empowered others” to make similar or worse comments.
Stewart had said the case had functioned as “a test case” for both Faruqi and Hanson’s claims. Faruqi proved a “common form of egregious behaviour is unlawful”.
Meanwhile Hanson attempted to prove in her failed bid that section 18C of the act breached the implied freedom of political communication.
Hanson said in a statement posted to X after the judgement that her legal team is closely reviewing the decision “with a view to commencing an appeal in the High Court of Australia”.
Faruqi said outside court in response to this: “If she wants to be racist and defend herself for being a racist in the in the high court, then bring it on.”
Faruqi said of her win would have wide-ranging impact, with today’s win being “for every single person out there who has been told to go back to where you came from”.
“Today is a win for every single person who has been made to feel that their belonging in this country is conditional.”
“Hate speech is not free speech, and and the federal court has reaffirmed that today.
“This ruling today in this court court case shows that we can fight back and we can win.”
Faruqi said that the “seeds of One Nation’s racism” has been allowed to grow because both Labor and Liberal governments “have never stood up to it”.
Faruqi said that she would be seeking costs.
In December, Hanson lost a bid to reduce the costs she was liable to pay Faruqi over the initial court case.
