Belal Khazaal, a Lakemba man convicted of terrorism offences in relation to the online publication of a "terrorism manual", is expected to be arrested to serve his sentence.
Khazaal, who was convicted of the offence in 2008 and sentenced to a minimum of nine years in prison, was freed after he successfully appealed his conviction last year.
But this morning the High Court allowed and upheld a Crown appeal against that decision, which means the original jury decision stands and Khazaal should serve the rest of his sentence.
Khazaal had been convicted of downloading and re-publishing a 102 page e-book called the "Provisions on the rules of jihad ... for fighters and mujahideen against infidels", adding a few extra comments. The documents allegedly incited the assassination of then US President, George Bush, and other senior US officials, and called for the "expulsion of Jews, Christians and infidels" from the Middle East.
One of the points critical in the High Court appeal was whether Khazaal had successfully shown he had another reason to publish the book - such as being a journalist or researcher with an academic interest in Islam.
In a statement summarising the court's findings the High Court said: "The Court held that the evidence pointed to by [Khazaal] did not suggest a reasonable possibility that the making of the e-book was not intended to facilitate assistance in a terrorist act."