Page:Faruqi v Hanson (2024, FCA).pdf/51

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relation to Chinese people that "their hygiene is not the standard we are" (item 77). (Senator Hanson also recently described Muslims as "breeding" in a context where "breeding" was derogatory, its use invoking an analogy with animals: T170:7-21; item 2, second tendency notice.)

199 The repeated expression of those views justifies findings, which I hereby make, that Senator Hanson has a tendency to make negative, derogatory, discriminating or hateful statements in relation to, about or against groups of people relevantly identified as persons of colour, migrants to Australia and Muslims, and to do so because of those characteristics.

Senator Hanson's knowledge that Senator Faruqi is Muslim

200 Nearly 20 transcript pages into her cross-examination, for the first time in the proceeding Senator Hanson said that at the time that she published her tweet she did not know that Senator Faruqi is Muslim. When pressed on it, her argumentative answer was to say "I've never gone and asked a woman. I don't go and ask anyone their religion" when the point clearly arises from Senator Faruqi's high public profile as a Muslim and not from some possible personal inquiry (T151:36-45). She also said that it had never entered her mind whether or not Senator Faruqi is Muslim (T152:18).

201 The place to start on this issue is the pleadings. The concise statement pleads that Senator Faruqi was offended and insulted by Senator Hanson's tweet by the insinuation that "as a Muslim, migrant woman of colour" she is less worthy than other Australian citizens. That paragraph of the concise statement is simply denied in Senator Hanson's concise response. Senator Faruqi also pleads that she contends that in respect of the attributes of race and ethnic origin, the tweet was done including because of her race and ethnic origin, "including because she is Pakistani-born and Muslim." The concise response admits that Senator Faruqi is making that contention, but denies that it is true. Senator Faruqi also pleads that Senator Hanson has made countless hateful remarks over many years about Asian and Muslim people, "both ethnoreligious groups to which the Applicant belongs", which is merely denied in the concise response.

202 It was thus clear from the pleaded case that part of Senator Faruqi's claim is that Senator Hanson's tweet affected her as a Muslim and that it was published by Senator Hanson at least in part because Senator Faruqi is Muslim. There were simply bare denials of the relevant allegations. It was never pleaded that Senator Hanson did not know that Senator Faruqi was Muslim and could therefore not have published the tweet because Senator Faruqi is Muslim.


Faruqi v Hanson [2024] FCA 1264
44