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High Court Upholds Visa Ban on Candace Owens, Backing Minister’s Character-Test Powers

The court ruled the implied freedom of political communication does not give non‑citizens a right to enter Australia.

Overview

  • Australia’s High Court on Oct. 15 unanimously dismissed Candace Owens’ challenge, leaving the October 2024 visa refusal intact.
  • The judges found Section 501 of the Migration Act compatible with the Constitution, allowing refusals where speech is likely to stir dissension or strife.
  • Tony Burke’s decision cited Owens’ record, including Holocaust minimisation, Islamophobic remarks, and her mention in the Christchurch shooter’s manifesto.
  • The ruling affirms ministerial discretion to deny entry on character and national‑interest grounds when serious social discord is judged a credible risk.
  • Owens was ordered to pay the Commonwealth’s legal costs following the defeat.