One Nation leader Pauline Hanson has scored a major victory after the High Court agreed to hear her appeal challenging racial discrimination laws after a social media dispute with Greens Senator Mehreen Faruqi.
The High Court on Thursday granted Hanson special leave to appeal, setting the stage for a constitutional showdown over whether key provisions of the Racial Discrimination Act improperly burden Australia's implied freedom of political communication.
The decision reopens a years-long legal feud stemming from an exchange on X, in the hours after Queen Elizabeth II's death in September 2022.
At the time, Faruqi posted condolences but said she could not mourn 'the leader of a racist empire built on stolen lives, land and wealth of colonised peoples'.
Hanson, a staunch monarchist, fired back and said: 'Your attitude appalls and disgusts me.
'When you immigrated to Australia you took every advantage of this country. You took citizenship, bought multiple homes, and a job in a parliament.
'It's clear you're not happy, so pack your bags and p*** off back to Pakistan.'
Pauline Hanson (pictured) will have hear appeal against Faruqi heard by the High Court
The comments prompted Senator Faruqi to launch legal action in 2023, alleging the post breached section 18C of the Racial Discrimination Act.
In a landmark judgment last year, Federal Court Justice Angus Stewart found Hanson had contravened the law, ruling the post portrayed Senator Faruqi as a 'second-class citizen' and that the phrase 'piss off back to Pakistan' was a variation of the racist trope 'go back to where you came from'.
Justice Stewart also rejected Hanson's argument that her comments were protected political speech, finding the provisions of the Act were compatible with the Constitution.
Hanson later failed in an appeal before the Full Federal Court, which unanimously upheld the original ruling in July.
Responding to the decision, Hanson cast the case as a broader fight over free speech in Australia.
'I welcome the High Court's decision to grant special leave to appeal in my section 18C case,' Hanson said on social media.
'This case has always been bigger than me and bigger than one tweet. Australians must be able to speak their minds, question their government and disagree with each other without being frightened into silence.'
Faruqi hit back shortly after the High Court's decision, vowing to continue defending the legal protections against racial vilification.
Faruqi (pictured) told Hanson to 'bring it on' in response to the ruling by the High Court 'Bring it on,' she said in a statement.
'This has been a long, hard road, walked alongside everyone who's been targeted by racism. We won't be backing down now.'
She said the case was about ensuring Australians remained protected from racial abuse.
'The highest court in Australia can now determine once and for all that people in this country are protected against racism,' Faruqi said.
'People of colour, migrants and Muslims deserve to feel safe in the place they call home.
'In times like these, where we are being attacked and demonised, our system must be able to provide protection against vilification.'
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