- (g) Persons who have been told to "go back to where they came from" or variations of that phrase due to their race, colour or national or ethnic origin; and/or
- (h) Persons who have experienced racism.
- (3) Senator Faruqi was herself offended, insulted, humiliated and intimidated by the tweet, including by the insinuation that as a Muslim, migrant, woman of colour she is less entitled than other Australian citizens to live in Australia and enjoy the benefits and opportunities afforded by that citizenship; the suggestion that she does not belong in Australia and should remove herself; and because of the incitement to racial hatred by, and manifest racial hatred that is expressed in, the phrase "go back to where you came from" and variations of that phrase.
- (4) Senator Hanson published the tweet because of Senator Faruqi's race, colour or national or ethnic origin.
- (5) The term "race" in s 18C extends to groups of people including Muslims as a term of "ethno-religious" origin, and the tweet was published by Senator Hanson including because of Senator Faruqi's race and ethnic origin, "including because she is Pakistani-born and Muslim."
- (6) Senator Hanson directed the tweet towards Senator Faruqi as a woman of colour and a person from a migrant background as a means to invalidate and delegitimise her entitlement to Australian citizenship, her participation in public debate and her enjoyment of the many benefits of life in Australia which is evident from Senator Hanson's long and well-documented history of commentary implying that she holds white supremacist views, including having made countless hateful remarks over many years about Asian and Muslim people.
- (7) The phrase in the tweet "pack your bags and piss off back to Pakistan" is directed at Senator Faruqi's origins as a citizen of Pakistan, and her identity as a Pakistani-born Australian and an immigrant.
- (8) Senator Faruqi and members of the group have suffered various forms of harm in consequence of the tweet, including that Senator Faruqi has been the subject of a torrent of abusive phone calls, social media posts and hate mail (including death threats and misogynistic, racist and sexually violent content).
13 Senator Hanson's concise response admits various formal matters including that she published the tweet and that the publication of the tweet is an act that was done in public but otherwise
Faruqi v Hanson [2024] FCA 1264
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