Alqudsi v Commonwealth of Australia; Alqudsi v The Queen

In *Alqudsi v Commonwealth of Australia; Alqudsi v The Queen*, the Court of Appeal of the Supreme Court of New South Wales considered the validity of provisions of the *Crimes (Foreign Incursions and Recruitment) Act 1978* (Cth) as they applied to the appellant, Mr Alqudsi. The central dispute concerned whether certain sections of the Act, which criminalised acts preparatory to entering a foreign state with the intent to engage in hostile activity, were supported by the external affairs power under section 51(xxix) of the Australian Constitution.

The legal issues before the Court of Appeal were whether the impugned provisions of the Act were validly enacted pursuant to the external affairs power. Specifically, the Court had to determine if the law related to matters geographically external to Australia, Australia's foreign relations, matters of international concern, or recommendations of international agencies. The appellant contended that the Act, in its application to his conduct, exceeded the scope of the external affairs power.

The Court of Appeal, comprising Basten and Leeming JJA and McCallum J, reasoned that the *Crimes (Foreign Incursions and Recruitment) Act 1978* was a valid exercise of the external affairs power. The Court held that the law was validly supported by the power to legislate with respect to matters geographically external to Australia, as the conduct criminalised had a direct connection to foreign states and international conflict. The Court dismissed the appeal, declaring that section 7(1)(e) of the Act, in conjunction with sections 6(1)(a) and 6(3)(aa), was not invalid on the ground that it exceeded the external affairs power. Mr Alqudsi was ordered to pay the costs of the Commonwealth.