One Nation leader Pauline Hanson has vowed to take her fight to the High Court after the Full Federal Court unanimously rejected her appeal against a ruling that she unlawfully racially vilified Greens deputy leader Mehreen Faruqi by telling her to “pack your bags and piss off back to Pakistan”.
In a judgment delivered on Monday, the three-judge bench dismissed all grounds of appeal and upheld the 2024 decision that Hanson’s September 2022 social media post breached section 18C of the Racial Discrimination Act. The court also reaffirmed that the legislation is constitutionally valid and does not impermissibly burden the implied freedom of political communication.
The case arose after Senator Faruqi responded to the death of Queen Elizabeth II by posting condolences to those who knew the monarch, while adding that she could not mourn “the leader of a racist empire built on stolen lives, land and wealth of colonised peoples”. Hanson replied that Faruqi had “took every advantage of this country” before telling her to “pack your bags and piss off back to Pakistan”.
The Full Court upheld Justice Angus Stewart’s findings that the tweet was reasonably likely to offend, insult, humiliate and intimidate Senator Faruqi and members of relevant racial groups, that it was published because of race, colour or national or ethnic origin, and that it was not protected by the “fair comment” exemption because it was not made reasonably and in good faith.
“This win today is for every single person out there who has been told ‘to go back to where you came from’, for every person who has been made to feel that their belonging to this country is conditional”
Outside court, Hanson said she would now consider taking the matter to Australia’s highest court.
“I am disappointed that the Federal Court has rejected my appeal relating to the claim against me by the Greens’ Senator Faruqi,” she said.
“My legal team and I will now closely review the decision in the coming days, with a view to commencing an appeal in the High Court of Australia.”
Hanson argued the decision reflected a growing intolerance of robust public debate, saying Australians were increasingly afraid to express their views.
“We all need to have the courage, and the freedom, to say what we think on issues that are important to us all,” she said, adding that she believed she was entitled to criticise Senator Faruqi over comments made on the day of Queen Elizabeth’s death.
“I was incensed by the incredible disrespect that I felt was shown to our late Queen on the day of her death by Senator Faruqi and others. I simply wanted to call that out.”
She also maintained that freedom of expression was at stake, saying: “If people in Australia are scared or forbidden to freely express themselves, then those values are eroded. I am here to fight for all Australians to ensure that such a dark day never comes.”
Senator Faruqi welcomed the ruling, describing it as a victory extending beyond her own case.
“Today, justice has prevailed,” she said.
“This win today is for every single person out there who has been told ‘to go back to where you came from’, for every person who has been made to feel that their belonging to this country is conditional.”
She said the proceedings had always been about holding racism to account, adding: “I have always stood up to bullies and I always will. Hate speech is not free speech.”
The court ordered that Hanson’s appeal be dismissed, with the issue of legal costs to be determined separately if the parties cannot reach agreement.
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