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Hizb ut-Tahrir’s former Australian members lash out at ASIO and government over ‘hate group’ listing

Former members of banned Islamic organisation Hizb ut-Tahrir claim a crackdown on hate speech is being applied ‘disproportionately to pro-Palestinian and Muslim activism’ and could breach UN obligations. 

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Andrew Greene
The Nightly
The Albanese Government has banned Islamic group Hizb ut-Tahrir, making it the first organisation outlawed under new federal hate laws following security advice from ASIO.

Former Australian members of the banned Islamic organisation Hizb ut-Tahrir claim a crackdown on hate speech after the Bondi terror attacks is being applied “disproportionately to pro-Palestinian and Muslim activism” and could breach UN obligations.

In a submission urging parliament to overturn its recent listing as a prohibited “hate group”, individuals linked to the movement which advocates for a global Islamic caliphate, have also attacked ASIO’s boss for meeting Israel’s “Zionist” President.

“UN human-rights bodies and independent experts have repeatedly cautioned against overbroad ‘extremism’ laws that suppress legitimate political and religious expression,” their submission states.

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“A federal proscription that targets ideology without a clear link to incitement or violence risks adverse findings in international forums and reputational costs,” the former members argue.

It also describes the listing process as “Kafkaesque” and riddled with “procedural concerns” which grants the Minister unfettered power to determine which organisation to target.

“To many members of the public, it appears that the proposed measures have been applied disproportionately to pro-Palestinian and Muslim activism, as compared with other political movements, such as Zionism, and March for Australia,” the submission states.

“The Regulation was made without a rigorous, objective, reasoned, and evidence-based fact-finding process. To date, neither HTA (Hizb ut-Tahrir) nor its former members, have not been convicted in Australia of any terrorism or hate offences.”

The submission also takes aim at ASIO Director General Mike Burgess who has accused the Islamic movement of adopting similar tactics to neo-Nazis that stop short of promoting acts of politically motivated violence.

“Mike Burgess, the Director-General of ASIO, has also made multiple public comments, including as early as 4 November 2025, before the Bondi incident had even occurred, criticising Hizb ut-Tahrir,” the submission states.

According to the submission, written by Sydney based lawyer Zaid Hamdan El Madi, the ASIO Director-General’s criticism of Hizb ut-Tahrir “conflates anti-Zionist and anti-Jewish sentiment”.

“The Director-General has previously admitted that HTA’s speech ‘stops short of promoting onshore acts of politically motivated violence’ and while ‘stretch(ing) the boundaries of legality’ did not ‘(break) them’.”

The former Hizb ut-Tahrir members also strongly criticise the domestic intelligence chief for his “unprecedented secret meeting” with Israel’s “Zionist President” Isaac Herzog when he visited Australia in February.

“Their spreading of hate, have a direct impact on increased risk on our national security environment,” Home Affairs Minister Tony Burke said in January.
“Their spreading of hate, have a direct impact on increased risk on our national security environment,” Home Affairs Minister Tony Burke said in January. Credit: Gaye Gerard NewsWire/NCA NewsWire

“Shockingly, this meeting occurred during the decision-making process for the making of the Regulation, and it is unclear whether Isaac Herzog was informed of, or played a role in, the process”, they write.

Earlier this year the Albanese government introduced laws targeting controversial groups such as Hizb ut-Tahrir and the National Socialist Network, by lowering the legal threshold for hate speech.

“Their spreading of hate, have a direct impact on increased risk on our national security environment, but have kept themselves just below the law,” Home Affairs Minister Tony Burke said in January.

Parliament’s powerful Joint Committee on Intelligence and Security (PJCIS) is now examining a decision by the Home Affairs Minister to list Hizb ut-Tahrir as a prohibited hate group under the Criminal Code.

“The PJCIS has been tasked with scrutinising extraordinary powers, but we know that threats to Australia’s safety and social cohesion have evolved,” says Senator Raff Ciccone, the Chair of the PJCIS.

“As the first listing under the new hate group laws, the PJCIS has an important role in scrutinising the evidence for the Government’s decision,” the Labor Senator tells The Nightly.

“The Committee’s review is a key safeguard and gives the Parliament and the Australian community confidence that the framework is operating as intended,” Senator Ciccone adds.

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