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Australia Designates National Socialist Network as Prohibited Hate Group; Group Files High Court Challenge

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Australia Bans Neo-Nazi Group in Landmark Hate Crime Legislation

The National Socialist Network (NSN), also known as White Australia and the European Australian Movement, has been formally designated as a prohibited hate group—the second organization listed under Australia's new hate crime laws.

Legal Designation and Enforcement

The ban took effect at midnight on May 16, 2025. Home Affairs Minister Tony Burke announced the listing, stating it was initiated by the Australian Security Intelligence Organisation (ASIO) on the basis that the group's behavior increases risks of violence.

The government stated that the group meets the threshold of advocating for or engaging in hate crimes. The legislation defines a hate crime as conduct that would cause a reasonable person to fear intimidation, harassment, violence, or threats to their safety.

The process for listing includes an ASIO assessment, a formal brief from the Department of Home Affairs, notification to the leader of the opposition, and final approval by the attorney-general.

This is the second group listed under the laws, following Hizb ut-Tahrir, which was designated as a prohibited hate group on the same date.

The designation makes supporting, funding, training, recruiting, or joining the group a criminal offense punishable by up to 15 years in prison.

Group Disbandment and "Phoenixing"

The NSN announced its disbandment in January 2025, ahead of the proposed hate speech legislation. In a statement released on Telegram, the group declared the closure of NSN and its affiliated "co-projects," including White Australia, the European Australian Movement, and the White Australia Party. The statement, signed by leader Thomas Sewell and other prominent white nationalists, specified the groups would cease operations by Sunday.

Minister Burke stated that the group had "phoenixed"—continued operating under new names after announcing its dissolution. He noted that the ban prevents the group from simply changing its name, and any continuation would be judged as the same organization. The government has indicated it will swiftly amend the regulation to list any new name if the group attempts to reform.

Legal Challenge

The NSN and the White Australia Party, along with Thomas Sewell, have filed a legal challenge in the High Court of Australia contesting the constitutional validity of the legislation.

Arguments in the Challenge

Court documents filed by solicitor Matthew Hopkins on behalf of Sewell and the White Australia Party argue that the law:

  • Burdens the freedom of governmental and political communication
  • Violates the constitution by granting punitive power to the government without judicial review
  • Contravenes the 1951 High Court decision Australian Communist Party v Commonwealth, which found that outlawing the Communist Party was beyond Parliament's power

The documents state that the NSN and the Australian European Movement disbanded voluntarily on January 13, but the White Australia Party did not dissolve. The group claims the law "operates as a doorway to tyranny."

Court Proceedings

The group made two interlocutory applications: one hours before its designation, and a second on Monday. In the first directions hearing before the High Court on Thursday, Justice Jayne Jagot dismissed the first application, stating there was an "absence of compelling grounds" and that Sewell was on notice of the likely designation.

Justice Jagot set a hearing for the second interlocutory application between June 2 and June 5. The constitutional challenge will be heard in the September sitting of the High Court. The Commonwealth proposed moving the matter to the Federal Court for an earlier hearing, but noted this would leave the judgment open to appeal.

The group has also submitted an application requesting an order restraining the Commonwealth from using the law until the court determines the challenge.

Fundraising for Legal Challenge

Thomas Sewell created an online fundraiser for the court case, raising $157,000 of its $175,000 goal. Donors include individuals from the UK, Germany, and the US, with one donation exceeding $10,000. Funds are slated for legal fees of Paladin Lawyers. The group has raised over $150,000 for legal challenges, including from international far-right groups.

Political Party Registration

In April, the group applied to the Australian Electoral Commission to register the White Australia Party as a political party. The group stated it would submit membership details pending the interlocutory application, citing concerns about doxxing members. The application is invalid until it provides details of at least 1,500 members for verification. An administrative change under the Electoral Amendment Act 2026 moved the Victorian party registration deadline to June 1.

Background: National Socialist Network Activities and Connections

International Connections

Evidence indicates that NSN members maintained direct contact with at least 30 overseas neo-Nazi extremist groups over five years. Nine of these groups are internationally listed as terror cells, with three—The Base, Atomwaffen, and Terrorgram—banned in Australia.

NSN leader Thomas Sewell reportedly maintained relationships with leaders of these terror groups, some of whom provided financial support and training to NSN members overseas. Brandon Russell, an Atomwaffen leader jailed for terror plot attempts in the US, reportedly shared mass murder manuals with the NSN. Benjamin Raymond of National Action, a British terrorist, reportedly assisted Sewell in strategizing to circumvent a potential NSN ban.

US extremism expert Matt Kriner stated that the NSN had developed a role similar to the outlawed Terrorgram network in connecting extremists globally.

Violent Incidents and Arrests

At least 11 individuals charged with terrorism or serious violence have been linked to the NSN or its leaders, including:

  • The Australian perpetrator of the 2019 Christchurch mosque attacks, who reportedly donated money to Sewell
  • NSN members in Adelaide discovered with explosives and terror manuals in 2021
  • US neo-Nazi Nikita Casap, a participant in NSN chats, involved in a plot to assassinate US President Donald Trump
  • A Sydney soldier surveilled at NSN training, later found with child sex abuse material and terror manuals

South Australian police arrested 16 alleged neo-Nazis in January 2025, including one charged with displaying a Nazi symbol, after they disrupted a Survival Day rally in Adelaide. Three people were arrested after an alleged neo-Nazi group attacked a First Nations protest camp in Melbourne in September 2024.

Assets and Properties

An investigation identified assets and properties linked to the NSN, including a $2.5 million estate where Sewell resides. The property was purchased via a shell company by Martin Featherstone, heir to a trucking empire, and is listed as headquarters of the NSN's political wing. Other wealthy associates identified include race-car driver Yassin Albarri, gun dealer's son David Roberts, stockbroker Mitchell Hobbs, and influencer Stirling Cooper.

Social Media Activity

Despite the ban, Sewell has posted antisemitic and homophobic videos on Instagram from a property in Melbourne's Hurstbridge. A Home Affairs Minister spokesperson stated agencies are constantly monitoring for potential breaches of hate speech laws. Meta (Instagram parent company) stated it is investigating whether the videos violate its policies on hateful conduct.

Hizb ut-Tahrir Designation

Hizb ut-Tahrir, an Islamist organization established in Jerusalem in 1953, was also designated as a prohibited hate group on May 16, 2025. The organization seeks to re-establish a caliphate across the Muslim world. While it publicly states it does not engage in armed struggle, ASIO Director-General Mike Burgess informed a parliamentary hearing that the group was "driving permission for violence" in its rhetoric concerning Israel.

The group is banned in several countries, including Germany, Russia, Bangladesh, Pakistan, Egypt, and the United Kingdom.

Minister Burke stated that his engagement with Hizb ut-Tahrir spans two decades, noting a public consensus that the group's rhetoric contributes to a pathway for violence. Shadow Home Affairs Minister Jonno Duniam supported the listing.

Australia Day Rallies (January 26, 2026)

Perth Incident

On January 26, 2026, a 31-year-old man was arrested in Perth's CBD after allegedly throwing a device into the crowd at an Invasion Day rally. The incident occurred shortly after the rally commenced at 12:30 pm in Forrest Place.

Witnesses reported seeing a male throw an object down in front of the stage area. Police, already present at the rally, responded immediately and arrested the individual. The man reportedly indicated that the device might contain explosives. The device, described as rudimentary and approximately the size of a medium coffee cup, contained ball bearings, screws, and an unknown liquid in a glass container. The device did not detonate. No injuries were reported.

The suspect, from Warwick, is in police custody and being interviewed. No charges have been made. Western Australia Premier Roger Cook praised the police response. Thousands participated in the Invasion Day rally at Forrest Place. Concurrently, a smaller 'March for Australia' rally, attended by less than 1,000 people, was held at the other end of the city.

Sydney and Melbourne Rallies

Public safety orders were issued to several individuals ahead of planned anti-immigration rallies in Sydney on Australia Day. One order prohibited the named person from a radius of 8 kilometers around Sydney Town Hall train station for a 24-hour period. Approximately 12 individuals reportedly received these orders. NSW Police extended restrictions on public protests following the Bondi terror attack, but NSW Commissioner Mal Lanyon subsequently announced a significant limitation to the scope of this ban, potentially allowing planned rallies to proceed.

Melbourne prepared for two opposing rallies on Australia Day. The Invasion Day rally advocated for a different date for the national holiday, while the March for Australia rally focused on retaining January 26 as Australia Day. Victoria Police increased security measures, with general duties officers wearing helmets as an additional layer of protection.

Alleged Threats and Police Raids

Authorities investigated alleged threats to kidnap Prime Minister Anthony Albanese and send bombs to mosques. The threats reportedly emerged from an online chat room on the Discord platform, frequented by individuals associated with March for Australia organizers and neo-Nazi groups.

A recording indicated an offer of $10,000 for a man to rent a van and abduct Prime Minister Albanese. Separately, detectives raided a Sydney home of a neo-Nazi associate over a social media post also allegedly calling for Albanese's abduction. Police have not confirmed if these cases are related.

The Discord server reportedly contained extremist content, including swastikas, racist remarks, rape jokes, and images of the Christchurch mass murderer Brenton Tarrant. Extremism experts identified these as coded threats.

Multiple prominent neo-Nazis from the NSN were identified as active on the Discord chat. The server was promoted on the personal website of March for Australia organizer Hugo Lennon, who denied awareness of specific threats and condemned calls for violence.

Police also conducted a raid on Nathan Ballesty, 27, an associate of the NSN and Thomas Sewell's former group, over another alleged threat to abduct the prime minister. Ballesty was released on bail with conditions, including not using Discord.

Hugo Lennon Poster Incident

Hugo Lennon publicly claimed responsibility for placing offensive posters depicting Bondi shooter Naveed Akram around Melbourne. The posters mimicked the style of Peter Drew's "Aussie" poster series. Melbourne Lord Mayor Nick Reece referred to the spoof posters as a "sick" act of hate. Victoria Police are conducting an ongoing investigation.

Reactions

Coalition home affairs spokesperson Jonathon Duniam welcomed the move, stating it ensures groups cannot avoid justice by changing names.

Peter Wertheim of the Executive Council of Australian Jewry supported the listing, noting his organization had called for it since 2021.

Prime Minister Anthony Albanese expressed confidence the government could withstand a legal challenge.