## Candace Owens Visa Denial: Australia's High Court Upholds Government Decision **News Title:** Candace Owens: Australia’s high court backs government decision to deny visa to US rightwinger **Report Provider:** The Guardian **Author:** Amanda Meade **Date Covered:** October 2024 (visa refusal), Wednesday (High Court ruling) **Published At:** 2025-10-15 02:03:36 --- ### Summary of Key Information: Australia's High Court has **unanimously backed the government's 2024 decision to refuse a visa to rightwing provocateur Candace Owens**. The full bench of the court ruled on Wednesday that the Home Affairs Minister's denial did not infringe upon the implied constitutional freedom of political communication. **Background of the Visa Refusal:** * In **October 2024**, Home Affairs Minister Tony Burke refused Owens' visa application ahead of a planned national speaking tour. * The minister's reasoning was that Owens possessed the **"capacity to incite discord"** and did not pass the **"character test"** under the Migration Act. * Specific concerns cited by the minister included Owens advancing **conspiracy theories and antisemitic rhetoric**, such as allegedly minimizing Nazi medical experiments in concentration camps. * A court statement indicated the minister found a **risk of Owens' controversial views leading to increased hostility and violent or radical action.** * Minister Burke stated in October 2024, "From downplaying the impact of the Holocaust with comments about [notorious Nazi doctor Josef] Mengele through to claims that Muslims started slavery, Candace Owens has the capacity to incite discord in almost every direction. Australia’s national interest is best served when Candace Owens is somewhere else." * The minister confirmed Owens met all relevant legal requirements for a visa **except for the character test**. **Candace Owens' Legal Challenge:** * Owens sought a declaration that a specific section of the Migration Act was invalid or that the minister had **misconstrued the act** when refusing her visa. * Her lawyers argued that the character test was overly broad and could be used to exclude non-mainstream political views that spark division. * Perry Herzfeld SC, representing Owens, contended that the threshold of "inciting discord" was so broad it could capture disagreements and robust debates, being "very much in the eye of the beholder." He argued this could lead to visas being withheld from individuals who "will stimulate debate ... the minister doesn’t like." **High Court's Ruling and Findings:** * The judges **unanimously held that the minister did not misconstrue the act** in refusing the visa, when reading the decision "fairly and as a whole." * The court clarified that the relevant section of the act applies "where, in the event that the person were allowed to enter or to remain in Australia, there is a risk that the person would stir up or encourage dissension or strife in the Australian community, or a segment of that community, of a kind or to a degree that is harmful to that community or segment." * The High Court found that Owens was **not entitled to any relief** and ordered her to **pay the defendants' costs.** **Outcome:** The government's decision to deny Candace Owens a visa has been **upheld by Australia's highest court**, reinforcing the minister's authority to refuse entry based on character grounds, specifically the risk of inciting discord.
Candace Owens: Australia’s high court backs government decision to deny visa to US rightwinger
Read original at The Guardian →Australia’s high court has unanimously backed the government’s 2024 decision to refuse rightwing provocateur Candace Owens a visa to enter the country.The full bench of the court ruled on Wednesday that the minister’s denial did not infringe an implied constitutional freedom of political communication.
The home affairs minister, Tony Burke, in October 2024 refused Owens’ visa application ahead of a planned national speaking tour, arguing she had the “capacity to incite discord”.Burke said at the time the US conservative influencer and podcast host, who has advanced conspiracy theories and antisemitic rhetoric – including allegedly minimising Nazi medical experiments in concentration camps – did not pass the “character test” to receive a visa under the Migration Act.
A statement released by the court said: “The minister found that there was a risk of … [Owens’] controversial views leading to increased hostility and violent or radical action.”Owens, in court, sought a declaration that a section of the act was invalid or, alternatively, that the minister had misconstrued the act when refusing to grant her a visa.
Owens’ lawyers argued the character test was more likely to exclude non-mainstream political views that sparked division.Perry Herzfeld SC contended the threshold of “inciting discord” to reject a visa was so broad it could capture disagreements and robust debates and was “very much in the eye of the beholder”.
This meant visas could be withheld from people who “will stimulate debate ... the minister doesn’t like”, Herzfeld argued in the high court in May.But the judges on Wednesday “unanimously held that, reading the minister’s decision fairly and as a whole, the minister did not misconstrue [the act] in deciding to refuse to grant the visa,” a summary of the court’s judgment stated.
skip past newsletter promotionafter newsletter promotionThe court stated that the section Owens argued Burke had misconstrued “applies where, in the event that the person were allowed to enter or to remain in Australia, there is a risk that the person would stir up or encourage dissension or strife in the Australian community, or a segment of that community, of a kind or to a degree that is harmful to that community or segment.
”In October last year, Burke said: “From downplaying the impact of the Holocaust with comments about [notorious Nazi doctor Josef] Mengele through to claims that Muslims started slavery, Candace Owens has the capacity to incite discord in almost every direction. Australia’s national interest is best served when Candace Owens is somewhere else.
”The minister argued Owens met all relevant legal requirements to be issued a visa – except for the character test. Owens maintained that she satisfied all the requirements.The high court found Owens was not entitled to any relief and ordered her to pay the defendants’ costs. Owens and her Australian solicitors were contacted for comment.
