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Australia’s Race Discrimination Commissioner has applied for leave to appear in a significant appeal, which will consider how the Racial Discrimination Act applies when someone is discriminated against for more than one reason, such as both their religion and their race. 

The appeal, brought by Senator Pauline Hanson, challenges a Federal Court ruling from last year that found she had breached section 18C of the Act in relation to comments made about Senator Mehreen Faruqi. It will be heard by the Full Court of the Federal Court in November. 

‘This case goes to the heart of how discrimination works in the real world,’ said Race Discrimination Commissioner Giridharan Sivaraman. 

‘Everyone has different characteristics that make up who they are. For many people, their cultural or ethnic identity is closely connected to their religious identity. These aspects of identity can’t always be separated. Sadly, people are often targeted for multiple reasons at once. 

‘For years, the law has rightly protected Jewish and Sikh people from racial discrimination and vilification. However, it has been unclear whether other religious groups are afforded protection against racial discrimination.” 

‘In reality, discrimination against other religious groups may also involve racial elements. In this case, the Federal Court said that, in Australia, “to be Islamophobic is almost invariably also to be racist”. 

‘Racism can manifest in many ways, and the law must be able to respond to that.’ 

The Commissioner is applying to appear as a friend of the court, known as amicus curiae, to provide submissions on legal questions only. He is not representing either party and will not make submissions about whether the conduct amounted to racial vilification. 

ENDS | Media contact: media@humanrights.gov.au or 0457 281 897 (calls only, no texts)