Hanson granted leave to appeal $100,000 racial discrimination ruling

The High Court of Australia has granted Pauline Hanson special leave to appeal a ruling that found she racially discriminated against Greens senator Mehreen Faruqi. The decision on 5 November allows the One Nation leader to challenge the federal court's unanimous judgment from earlier this year.

The legal battle traces back to a 2022 exchange over the death of Queen Elizabeth II. Faruqi tweeted that she could not mourn the monarch of an empire she described as racist and founded on colonial dispossession. She also called for a treaty with First Nations and an Australian republic. Hanson replied by criticizing Faruqi's attitude, property ownership, and parliamentary employment, telling the senator to leave for Pakistan.

In November 2024, Justice Angus Stewart ruled that Hanson's response was unlawful under section 18C of the Racial Discrimination Act. He determined the tweet depicted Faruqi as a lesser citizen who should remain grateful and silent. Stewart characterized the demand to return to Pakistan as a racist trope and found that Hanson's public profile likely encouraged others to make similar remarks. He rejected the argument that the fair comment exemption applied because the tweet constituted an angry personal attack.

The full federal court upheld Stewart's judgment in July 2026. Judges Melissa Perry, Geoffrey Kennett, and Elizabeth Bennett unanimously agreed that the original ruling was correct. The High Court appeal will now consider whether the remarks violated the Racial Discrimination Act and whether the federal court's decision interfered with Hanson's implied freedom of speech.

Hanson, 72, described the dispute on social media as extending beyond her own circumstances. She argued that Australians should be free to challenge governments and express disagreement without fear of being silenced. She also linked her concerns to Labor’s digital duty of care bill, claiming it threatened lawful online discussion. Faruqi responded to the announcement with the words, "Bring it on."

Faruqi stated that the legal fight had been shared with others subjected to racism. She argued that people of color, migrants, and Muslims deserved safety in their own country. She said the legal system needed to protect them against vilification when they faced attacks and demonisation. A spokesperson for federal attorney general Michelle Rowland said section 18C had become more important than ever for Australia’s social cohesion. The spokesperson declined further comment because proceedings remained before the court.