Australia's High Court has unanimously upheld the government's decision to deny a visa to US right-wing commentator Candace Owens, ruling that the home affairs minister's refusal did not breach constitutional freedom of political communication. The full bench ruled on Wednesday that the minister, Tony Burke, acted within his powers under the Migration Act when he rejected Owens' visa application in October 2024.
Burke had refused the visa on character grounds, citing Owens' history of controversial statements, including antisemitic rhetoric and conspiracy theories. He argued that she had the 'capacity to incite discord' and posed a risk to social cohesion. Owens, who has 18 million social media followers, had planned a national speaking tour.
Owens' legal team argued that the character test was overly broad and could exclude non-mainstream political views. However, the court found that the minister did not misconstrue the law, noting that the relevant section applies where there is a risk of stirring up harmful dissension or strife in the community.
In his judgment, Justice James Edelman quoted philosopher Isaiah Berlin, stating that 'freedom of some must at times be curtailed to secure the freedom of others.' Burke welcomed the ruling, calling it 'a win for social cohesion.' The court ordered Owens to pay the defendants' costs.
