Far-right American commentator Candace Owens has lost her legal battle to enter Australia after the High Court on Wednesday upheld the government’s decision to deny her a visa, citing concerns that she could incite discord within the community.
Owens, a conservative media personality known for controversial remarks on race, religion, and gender, had planned a speaking tour in Australia in November 2024. However, Home Affairs Minister Tony Burke rejected her visa application in October 2024, referencing her history of Holocaust denial, Islamophobic comments, and other divisive statements.
Under the Migration Act, the minister may refuse entry to foreign nationals who fail the character test or pose a risk to public order. Owens challenged the decision, arguing it violated her right to freedom of political communication.
In a unanimous ruling, Justices Stephen Gageler, Michelle Gordon, and Robert Beech-Jones dismissed her appeal, stating that the Migration Act’s restrictions were legitimate and proportionate, serving to protect the public from individuals likely to “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,” the judges said. The court also ordered Owens to pay legal costs.
Minister Burke hailed the verdict as “a win for social cohesion,” adding, “Inciting discord might be the way some people make money, but it’s not welcome in Australia.”
He further noted that Owens’ history of extremist and inflammatory comments toward Muslim, Black, Jewish, and LGBTQIA+ communities made her entry against the national interest.
Justice James Edelman, in a separate judgment, described Owens’ submissions as ones that “should be emphatically rejected.”
Owens’ legal team has not commented on the ruling.
The decision comes months after Australia cancelled the visa of US rapper Ye (formerly Kanye West) in July, following the release of a song promoting Nazi ideology.
