Hamdi Alqudsi​, the first person in Australia to be charged with recruiting and sending people overseas to fight with terrorist groups in Syria will face trial after a court upheld the constitutional validity of foreign incursion laws.

Mr Alqudsi, of St Helen's Park in Sydney's south-west, is accused of instructing and supporting seven people to travel from Australia to Syria via Turkey to fight with Jabhat al-Nusra, along with other al-Qaeda affiliates.

Hamdi Alqudsi leaves the Supreme Court of NSW in July. Credit:Daniel Munoz

On Thursday the NSW Supreme Court dismissed Mr Alqudsi's bid to have the foreign incursion laws declared constitutionally invalid. Justice Christine Adamson also dismissed his application to quash the indictment.

Mr Alqudsi, 41, has been committed to stand trial in the NSW Supreme Court. He was arrested by the NSW joint counter-terrorism taskforce in Sydney in December 2013. The trial was set down for six weeks to begin next month but is likely to be postponed during a mention on Friday.