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5h ago

High Court Upholds Visa Refusal for Candace Owens in Unanimous Ruling

The ruling confirms the minister may refuse entry to non‑citizens assessed as likely to incite discord.

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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US activist Candace Owens delivers a speech during the Convention de la Droite meeting in Paris, France, September 28, 2019. REUTERS/Benoit Tessier

Overview

  • The full bench unanimously upheld Home Affairs Minister Tony Burke’s 2024 decision to refuse Owens a visitor visa under Section 501 of the Migration Act.
  • The court found Section 501 does not infringe the Constitution’s implied freedom of political communication and applies where a visitor may stir up dissension or strife.
  • Judges noted the minister’s reliance on Owens’ record, including comments downplaying Nazi crimes and Islamophobic remarks, and her mention in the Christchurch attacker’s manifesto.
  • Owens was ordered to pay the Commonwealth’s legal costs after the court rejected her constitutional and misconstruction claims.
  • The decision reinforces broad ministerial discretion on character grounds, following other high‑profile cases such as the cancellation of rapper Ye’s visa.