Hamas Files New Federal Court Challenge to Australia's Terrorist Listing
The group wants its listing thrown out or a ruling forcing the government to decide its delisting request. Jewish leaders in Australia condemned the case, and Hamas remains a listed terrorist organization while it proceeds.
See where this is ›AUSTRALIA —
Hamas has filed a new case in Australia's Federal Court seeking to overturn its listing as a terrorist organization, according to court documents obtained by the Herald Sun and reported this week by The Australian Jewish News, J-Wire and The Algemeiner. The group is represented by Daniel Taylor, a Sydney solicitor.
See where this is ›Hamas asks the court to declare the listing regulations invalid or inoperative. In the alternative, it wants the government ordered to decide a delisting application it lodged in November 2025, which had not been decided when the case began. An earlier delisting request was rejected in July 2025.
According to the reports, Hamas argues that its work in Gaza in health care, education, water, disability services and administration cannot be treated as terrorism. It also disputes that all casualties and events of Oct. 7, 2023, can be counted as terrorist acts carried out by the group, and it says it poses no threat to Australia. J-Wire noted that Australia's listing criteria do not require a direct threat to the country.
The government has previously found substantial overlap between the group's political and military leadership and concluded that the military wing operates within its wider structure, The Algemeiner reported. All Israel News reported that the government rejected Hamas' claims. The reports we reviewed carried no new government statement on this filing.
Jeremy Leibler, president of the Zionist Federation of Australia, said: “Hamas can engage as many lawyers as it likes, but no amount of legal argument can erase the atrocities of Oct. 7.” Alex Ryvchin, co-chief executive of the Executive Council of Australian Jewry, said: “Not satisfied with vilifying Israelis and Jewish Australians, they now seek to defend Hamas in the courts.” Ryvchin said a win would let Australians donate to Hamas and publicly support it.
Australia listed the group's military wing, the Izz al-Din al-Qassam Brigades, in November 2003 and the whole organization in March 2022. Offenses under the listing can carry up to 25 years in prison, The Algemeiner reported, with humanitarian aid and legal representation exempt. In February 2026, Federal Court Justice Graeme Hill dismissed an earlier challenge brought by Indigenous activist Robbie Thorpe, who was also represented by Taylor. Hill had rejected a Hamas request to join that case, The Nightly reported.
An administrative hearing has been held, and the case is due back in May for an interlocutory hearing, The Australian Jewish News reported. The filing does not change Hamas' status as a listed terrorist organization, and J-Wire reported that separate counter-terrorism financing sanctions would remain even if the listing were removed.
What we don't know yet: The reports do not give the exact filing date or the exact date of the May hearing. Watchman News read the court documents only as described by these outlets, and we have not seen a new government response to this case.
