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High Court of Australia Upholds Visa Refusal for Candace Owens

The judgment confirms Section 501 character powers are compatible with the Constitution's implied political communication freedom.

Overview

  • In a unanimous ruling on Oct. 15, the court found the minister’s 2024 refusal lawful and ordered Owens to pay the Commonwealth’s legal costs.
  • Home Affairs Minister Tony Burke had rejected her visa under Section 501, concluding her visit posed a risk of inciting discord ahead of a planned speaking tour.
  • The decision cited her history of inflammatory remarks, including minimizing the Holocaust and Islamophobic comments, and noted she was referenced in the Christchurch shooter’s manifesto.
  • Judges stressed the implied freedom is not a personal right and not absolute, and said the law serves a legitimate aim of protecting the community from visitors who could stir political strife.
  • Officials argued her large online reach would be amplified by physical events; New Zealand later reversed its initial refusal, and the case follows similar actions such as the 2025 visa cancellation for rapper Ye.