Jens Asbjørn Bøgen
She was also ordered to pay the legal costs.
She was also ordered to pay the legal costs.
What is happening?
American far-right commentator Candace Owens has been officially barred from entering Australia after the High Court upheld the government’s decision to reject her visa application, Reuters reports.
Owens, known for her provocative conservative views, had planned a speaking tour in November 2024.
Government cited concerns over community discord
Home Affairs Minister Tony Burke blocked Owens’ visa in October 2024, citing concerns that her presence could incite division.
Under Australia’s Migration Act, the minister can deny entry to non-citizens if they fail the “character test” or pose a threat to social harmony.
Owens challenged the decision in Australia’s top court
Owens appealed to the High Court, arguing the visa rejection violated the implied freedom of political communication in Australia.
However, unlike the U.S., Australia does not guarantee free speech through an explicit constitutional right.
Judges unanimously back the visa refusal
In a unanimous decision, the High Court sided with Minister of Home Affairs, Tony Burke, and ordered Owens to pay the government’s legal costs.
The judges agreed that while the law restricts political communication, it serves a valid purpose in protecting public order.
Court: Freedom of speech not unlimited
Judges Stephen Gageler, Michelle Gordon, and Robert Beech-Jones stated that the implied freedom of political communication is not a personal right and “is not unlimited and is not absolute.”
The ruling emphasized that immigration controls can outweigh free expression concerns.
Owens’ record on race, religion, and public health scrutinised
Burke’s decision was based on Owens’ history of controversial comments on topics including the Holocaust, Islam, Black Lives Matter, antisemitism, LGBTQIA+ rights, and COVID-19.
He concluded her remarks were inflammatory and risked inciting hatred in Australia.
Minister: Owens’ views fail the ‘character test’
Burke found Owens’ rhetoric failed the visa character test due to its extremist nature and potential to sow division.
He stated that allowing her into the country would not serve the national interest and would undermine social cohesion.
High Court rejects Owens’ legal arguments
Justice James Edelman delivered a separate judgment, firmly rejecting Owens’ submissions.
His remarks reinforced the court’s view that the government was justified in denying her entry on both legal and public interest grounds.
Previous visa ban for rapper Ye sets a precedent
This is not the first time Australia has denied entry to a high-profile American figure.
In July 2024, the country also cancelled the visa of rapper Ye (formerly Kanye West) after concerns over antisemitic lyrics referencing Nazi ideology.
As of publication, Candace Owens’ lawyers have issued a public statement on the ruling.
This article is made and published by Jens Asbjørn Bogen, which may have used AI in the preparation
