Controversial American political commentator Candace Owens has lost her bid to enter Australia after the country’s highest court on Wednesday backed the government’s decision to deny her a visa over concerns she could “incite discord” in the community.
Owens, who has built a large online following for her controversial conservative views, applied for a visa to undertake a speaking tour in November 2024.
Her application was rejected in October 2024 by Home Affairs Minister Tony Burke, citing her record of downplaying the Holocaust and Islamophobic comments. Burke has powers to deny non-citizens entry based on character requirements under the Migration Act.
Owens appealed to the High Court on the grounds that the power burdened the freedom of political communication, an implied right. Unlike the U.S., Australia does not have an express constitutional right to free speech.
The High Court on Wednesday sided with Burke and ordered Owens to pay the government's legal costs.
The court said the Migration Act provisions imposed a burden on political communication but served a legitimate and justifiable purpose in protecting the Australian community from visitors who would "stir up or encourage dissension or strife on political matters".
“The implied freedom is not a ‘personal right’, is not unlimited and is not absolute,” said High Court Judges Stephen Gageler, Michelle Gordon and Robert Beech-Jones in a joint judgment.
The judges noted Burke denied Owens’ visa after examining her views and comments on areas including “Holocaust denial, Islamophobia", anti-racism, Black Lives Matter and antisemitism, women's and LGBTQIA+ rights, and COVID-19 and anti-vaccination”.
Burke found her views to be “extremist and inflammatory comments towards Muslim, Black, Jewish and LGBTQIA+ communities which generate controversy and hatred”, concluding that meant she failed the “character test” required for a visa and that allowing her into the country would not be in the national interest.
“Ms Owens Farmer's submissions should be emphatically rejected,” said High Court Judge James Edelman in a separate judgment.
Australia has previously also cancelled the visa of U.S. rapper Ye, formerly known as Kanye West, over concerns he promoted Nazi ideologies in his song “Heil Hitler” released in May.
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