Australia’s High Court Supports Government’s Decision to Deny Visa to US Right-Winger Candace Owens
Australia’s High Court has affirmed the government’s decision to deny a visa to US conservative commentator Candace Owens. On Wednesday, the court unanimously ruled that the minister’s decision did not violate any constitutional freedoms related to political communication.
Key Details of the Ruling
The visa refusal stemmed from Minister for Home Affairs Tony Burke’s assessment in October 2024. Burke expressed concerns that Owens could “incite discord,” which informed his decision ahead of her anticipated speaking tour.
Character Test Evaluation
Under the Migration Act, Owens was deemed to have failed the necessary character test. This was primarily due to her controversial views, which include promoting conspiracy theories and antisemitic rhetoric, such as minimizing the Nazi medical experiments.
- Key concerns of the Minister:
- Potential for increased hostility in Australia.
- Risk of promoting violent or radical action.
- Statements from the Court:
- The minister did not misconstrue the act regarding her visa refusal.
- The decision was characterized as fair and well-founded.
Debate Over the Character Test
During the court proceedings, Owens sought to challenge the minister’s interpretation of the Migration Act. Her legal representation argued that the broad criteria for “inciting discord” could unjustly label non-mainstream political views as divisive.
Perry Herzfeld SC, one of Owens’ lawyers, emphasized that such broad criteria might suppress important debates that the government might disagree with. However, the judges upheld that the minister’s interpretation was reasonable and within legal boundaries.
Implications of the Decision
The ruling affirms the government’s stance on national interests, with Burke commenting that allowing Owens entry could undermine societal cohesion in Australia. He indicated that her controversial remarks, including references to historical events, could exacerbate social tensions.
As a result of the court’s decision, Owens has been ordered to pay the legal costs of the defendants, signifying her lack of entitlement to pursue further relief. The outcome underscores the ongoing discussions around political expression and the character test applied to visa applications in Australia.
