Page:Faruqi v Hanson (2024, FCA).pdf/74

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explain its racist, nativist and anti-Muslim content other than it being "because of" the race, colour or national or ethnic origin of Senator Faruqi.

286 In the circumstances, I am left with the messages themselves in their context. There is no satisfactory explanation for them other than what their content and context evidences, which is that they were conveyed because of the colour, national origin and Muslim identity of Senator Faruqi–prima facie, a racist and nativist attack is made "because of" the race, colour or ethnic or national origin of the person targeted. In the absence of any compelling or sufficient evidence to the contrary, I conclude that a cause of Senator Hanson having posted it in those terms was the race, colour or national or ethnic origin of Senator Faruqi.

287 I will now consider the role of Senator Faruqi's Muslim identity in Senator Hanson tweeting as she did.

288 Senator Hanson has a long history of making anti-Muslim statements and, as I have found, she has a tendency to do so. At the time of her tweet, she knew that Senator Faruqi was Muslim. She also knew that Pakistan is a Muslim country. On those facts I am satisfied that a cause of Senator Hanson tweeting in the terms that she did is because Senator Faruqi is Muslim.

289 Senator Hanson's anti-Muslim rhetoric over the years is not only directed at aspects of Islamic religious beliefs, although some of it is. Much of it is directed at Muslims as immigrants and as being different from Senator Hanson's conception of what it is to be "Australian." For example, in the context of explaining why she said that she would not sell her home to a Muslim, Senator Hanson said that Muslims are not "compatible with our way of life, our culture" (T137:17; item 58 of the further amended tendency notice). She also regularly equated Muslims with terrorism (eg item 35 of the further amended tendency notice), and tied her anti-Muslim sentiment with anti-Asian sentiment including that Australia is "swamped by Asians." As such, Senator Hanson's anti-Muslim rhetoric is directed at Muslims as much because of their race, colour and immigrant status as it is at anything about their religious beliefs.

290 Yeasmeen et al (2023) explain the intersection of race, ethnicity and religion–how two or more factors of identification can be interconnected and mutually reinforcing, "resulting in multiple and intertwined layers of discrimination" (at 201). Given the origins of many immigrants to Australia, there is considerable overlap between the different categories: Bharatiya at [55]. Their intersectionality means that they are inseparable, and it would generally not be possible to identify that particular conduct was responsive to or motivated by one category and not others.


Faruqi v Hanson [2024] FCA 1264
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