Just weeks after the Australian government declared it would officially recognise a state of Palestine, ruling terrorist group Hamas is seeking to have Australia’s declaration of its terror status removed.
Hamas is part of a case that has reportedly been lodged with the Federal Court of Australia by Indigenous Australian activist Robbie Thorpe, the uncle of controversial Senator Lidia Thorpe.
On Oct. 7, 2023, Hamas invaded Israel from Gaza, killing around 1,200 people and taking 251 hostages with the remains of some hostages still to be repatriated.
The group was officially declared a terrorist organisation by Australia in 2022, meaning it is a criminal offence for any Australian to be a member or support Hamas.
Details of the case, “Uncle Robbie Thorpe and Anor v Attorney General of the Commonwealth of Australia,” was published in its entirety by The Sydney Morning Herald.
The first lines of the document read: “To the Respondents. The intervenor Ḥarakat al-Moqāwamah al-ʾIslāmiyyah (Islamic Resistance Movement)—Hamas, applies for the interlocutory orders set out in this application.”
In its arguments, Hamas argues Australia wrongfully made the terrorist declaration as it was not consulted despite being the governing authority in Gaza, who could be reached via Qatar.
“The ongoing proscription purports to declare as unlawful the armed liberation struggle of the Palestinian people for the right to return to the lands from which they were expelled by the State of Israel, contrary to international law,” one of the points in the document reads.
Hamas is ultimately seeking a judicial review to ascertain whether Australia came to its declaration of terrorist status legally.
If successful, Hamas could essentially have the power to order the Australian government to remove the terror listing, and further order the minister to reconsider the application according to the law.
But a spokesperson for the Department of Home Affairs said the court did not permit Hamas to intervene in the proceedings.
“As this matter is currently before the court it is not appropriate to make further comment,” a spokesperson said.
Calls for Government to Rule Out Status Change
Shadow home affairs spokeswoman Michaelia Cash has urged the Albanese government to rule out removing Hamas’s terror listing.“They murdered civilians, murdered hostages, stole aid meant for the Palestinian people and they publicly shoot those who oppose them.
“The Albanese government must immediately rule out removing their listing as a terrorist organisation.”
Australian Jewish Association CEO Robert Gregory told The Epoch Times the documents lodged with the court were “astounding.”
“Hamas is a monstrous terrorist organisation, responsible for some of the worst atrocities of the 21st century,” he said.
“It is unfathomable that anyone could attempt to defend them.
“Their willingness to exploit the courts of a Western democracy like Australia to further their aims shows just how cynical they are.
“Qatar continues to shelter Hamas’s leadership and should face sanctions from Australia.”
