Ilhan Omar of Minnesota, Ayanna Pressley of Massachusetts and Rashida Tlaib of Michigan. The phrase has become a palimpsest that carries with it the connotations that it has carried through history.
153 As Professor Wingard explained, "Go back to where you came from" is a phrase that carries with it historical anti-immigrant and nativist beliefs. It is so ubiquitous across history, it merely needs to be uttered and people understand that the recipient is being flagged as not belonging, either because there is no room and/or resources for them because their beliefs do not align with those of the receiving country's citizens. Professor Wingard traces the sentiment expressed by the phrase in Australia back to the "White Australia Policy" reflected in Australia's Immigration Restriction Act 1901 (Cth). The phrase is closely associated with the message that even when an immigrant is deemed acceptable, they are supposed to feel lucky to have a spot in the nation state. The spectre of the dangerous immigrant and the consequences of that title, being non-acceptance and/or deportation, are always looming.
154 Professor Wingard observed those sentiments in Senator Hanson's tweet. Within the tweet, Senator Hanson shifts Senator Faruqi's history from one of a lawful non-citizen who has been granted Australian citizenship to that of an unlawful citizen by not only telling her to "piss off back to Pakistan" but by pointing out how her comments on the death of the Queen make her an ungrateful immigrant, rather than an acceptable one. The tweet implies that Senator Faruqi was "gifted" Australian citizenship, has enjoyed all the nation state has had to offer, but is now ungrateful and should therefore "go back to where she came from."
155 Professor Wingard was not required for cross-examination. I accept her evidence.
Andrea-Marie Farrugia
156 Ms Farrugia is a solicitor at Marque Lawyers, Senator Faruqi's solicitors. She affirmed two affidavits. The first sets out the details of internet research done by her and others acting on her instructions to collate evidence of historical statements made by Senator Hanson that are possibly relevant to the issues in the case, more particularly the para (b) element. The product of that research was annexed to a further amended notice of intention to adduce tendency evidence (dated 12 March 2024) under r 30.31 of the Federal Court Rules 2011 (Cth). The second affidavit does the same in respect of a second notice of intention to adduce tendency evidence (dated on 25 April 2024).
