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NSW terror recruiter suspect to face trial

A Sydney man accused of helping seven men travel to Syria has had his attempt to invalidate Australian foreign incursion laws rejected in the High Court.

Alleged terror suspect Hamdi Alqudsi
An alleged terrorism recruiter has had his attempt to invalidate foreign incursion laws rejected. (AAP)

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Source: AAP


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A last-ditch attempt by alleged terrorism recruiter Hamdi Alqudsi to challenge the validity of foreign incursion laws has been rejected by the High Court.

Alqudsi, from Sydney's southwest, was charged in 2013 with assisting seven men to reach Syria so they could engage in armed hostility.

An attempt to face trial without a jury was previously rejected on Wednesday.

He was the first person to be charged under the legislation, which he challenged unsuccessfully in the NSW Supreme Court in 2015 before mounting an appeal bid in the High Court.

Alqudsi's lawyers had argued that a section of the Commonwealth Foreign Incursions and Recruitment Act, which makes it illegal to "give money or goods to, or perform services for, any other person" for the purpose of supporting armed hostilities overseas, was invalid.

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"There may in fact be no link to matters external, save what the supporter believes about that third person's intent," Alqudsi's barrister Jeremy Kirk SC told the court on Friday.

However, a three-judge panel upheld the NSW court's August 2015 decision affirming the validity of the laws.

"We are of the opinion of the court below was plainly correct," Justice Virginia Bell said on Friday.

Alqudsi, who was not present in court for the decision, has also been ordered to pay costs.


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