Page:Faruqi v Hanson (2024, FCA).pdf/48

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186 It is inherently unbelievable, as stated by Senator Hanson, that her staff had been publishing tweets in her name for years without her having any idea that they were doing so (T163:1-4), and that she did not know that other Twitter users respond to her tweets even though she later said that her staff reported responses to her (T164:18-26).

187 In the end, I was left with the distinct impression that Senator Hanson would say anything that came to mind if she thought that it would suit her at that time; she had little regard to whether what she said was true or false. Her evidence is generally unreliable.

SENATOR HANSON ON RACE, IMMIGRATION AND MUSLIMS

188 There are two particular factual topics that require detailed consideration. One is whether Senator Hanson has a tendency to say racist, nativist and Islamophobic things which is relevant to whether she posted the tweet in question "because of" the race, colour or national or ethnic origin of Senator Faruqi or a group of people. The other is whether at the time she posted her tweet, Senator Hanson knew that Senator Faruqi is Muslim. That is relevant to the same inquiry. I will address each in turn.

Senator Hanson's tendency to make racist, nativist and Islamophobic statements

189 Senator Faruqi relies on what she says is Senator Hanson's long history of making racist statements and espousing racist views. Before turning to the tendency evidence that Senator Faruqi relies on in that regard, it is to be noted that Senator Hanson's oral evidence in this case includes the following.

190 She said that she believes that "our leaders continued to tell us to be tolerant and embrace the good Muslims. But how should we tell the difference? There is no sign saying good Muslim or bad Muslim" (T143:45-144:9).

191 She said that she believes that Muslims are getting themselves into positions of government – ministerial and bureaucratic positions – and that it concerns her (T145:10-20).

192 She accepted that she had in the past advocated for a Muslim ban on immigration, and that she still believes that there should be such a ban (T145:32-38; T147:3-4).

193 Those matters on their own show Senator Hanson's hostility to Muslims. Whether that amounts in the circumstances of this case to hostility based on race, colour or ethnic origin is a matter I will return to.

194 I now turn to the tendency evidence.


Faruqi v Hanson [2024] FCA 1264
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