Far-right US commentator Candace Owens has lost her legal bid to enter Australia, after the High Court on Wednesday upheld the government’s decision to deny her a visa on grounds that she could “incite discord” within the community.
Owens, a prominent conservative influencer known for her inflammatory views on race, religion, and gender, had sought to travel to Australia for a speaking tour in November 2024. Her visa application was rejected last October by Home Affairs Minister Tony Burke, who cited concerns over her record of Holocaust denial, Islamophobic remarks, and other divisive rhetoric.
Under Australia’s Migration Act, the minister has the authority to refuse entry to non-citizens who fail the character test or pose a risk to public order. Owens challenged the decision in court, arguing that it infringed on the implied constitutional freedom of political communication.
However, the High Court unanimously sided with the government and ordered Owens to pay legal costs. In their joint judgment, Justices Stephen Gageler, Michelle Gordon, and Robert Beech-Jones ruled that while the Migration Act did impose a burden on political communication, it served a legitimate and proportionate purpose — protecting the Australian public from individuals who might “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 stated.
Minister Burke welcomed the ruling, calling it “a win for social cohesion.”
“Inciting discord might be the way some people make money, but it’s not welcome in Australia,” he said. “Australia’s national interest is best served when Candace Owens is somewhere else.”
In assessing Owens’ visa application, Burke cited her history of “extremist and inflammatory comments” directed at Muslim, Black, Jewish, and LGBTQIA+ communities. He concluded that admitting her into the country would not be in the national interest.
Justice James Edelman, in a separate judgment, said Owens’ submissions “should be emphatically rejected.”
Owens’ legal team did not respond to requests for comment.
The decision follows a similar case in July, when Australia cancelled the visa of US rapper Ye (formerly Kanye West) after he released a song promoting Nazi ideology.