Australia’s High Court has unanimously upheld the government’s decision to refuse a temporary visa to American conservative commentator Candace Owens, ruling that Immigration Minister Tony Burke acted lawfully under the character test.
The ruling ends Owens’s legal challenge against the visa refusal, which blocked her planned speaking tour of Australia in late 2024. Minister Burke denied the visa on the grounds that Owens’s presence could incite discord within sections of the community and was therefore not in the national interest.
Owens’s lawyers argued the decision placed an unconstitutional burden on the implied right to freedom of political communication and that the minister misapplied the law. However, the High Court found the legislation valid, confirming it applies in cases where a person’s conduct or influence could stir up dissension or strife that risks harm to the Australian community.
In making his decision last October, Burke cited Owens’s controversial remarks, including her dismissal of accounts of Nazi medical experiments on twins during World War II as “completely absurd” and “bizarre propaganda.” He also noted her influence on the perpetrator of the Christchurch Mosque terrorist attacks, who had described Owens as the person who influenced him “above all.”
Owens, who has more than five million YouTube subscribers, had scheduled appearances in Sydney, Perth, Melbourne, Adelaide, and Brisbane. She had promoted the tour as an opportunity to speak on topics such as freedom of speech and religion.
Following the High Court’s ruling, Owens remains barred from entering Australia. Supporters of the decision argue it protects community safety and cohesion, while critics say it raises concerns about the limits of free expression.
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