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6h ago

Australia's High Court Upholds Visa Refusal for Candace Owens

The court said the character‑test power is valid, with any burden on political communication justified to protect social cohesion.

FILE - U.S. conservative commentator Candace Owens speaks at the Convention of the Right, in Paris, on Sept. 28, 2019. (AP Photo/Michel Euler, FILE)
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Candace Owens lost her legal challenge against the Australian government, which denied her a visa due to character concerns. (AP Photo/Michel Euler, File)

Overview

  • The unanimous judgment confirmed Home Affairs Minister Tony Burke lawfully refused a visa in 2024 under Migration Act Section 501 for risk of “inciting discord.”
  • Justices held the implied freedom of political communication is not a personal right and can be limited where visitors may stir up dissension or strife.
  • The minister’s reasons cited Owens’s Holocaust minimisation, Islamophobic comments, large social‑media reach, and a reference to her in the Christchurch terrorist’s manifesto.
  • Owens, who had planned a multi‑city speaking tour in November 2024, was ordered to pay the Commonwealth’s legal costs after the challenge failed.
  • The ruling reinforces broad ministerial discretion to bar non‑citizens on character grounds, setting a clear precedent for handling high‑profile speakers.