The High Court of Australia on Wednesday upheld the federal government’s decision to deny a visa to American political commentator Candace Owens , effectively preventing her from entering the country.
The court unanimously ruled that immigration minister Tony Burke’s October 2024 decision was lawful, rejecting Owens’ argument that the refusal placed an “impermissible burden” on her implied right to freedom of political communication .
“The implied freedom of political communication does restrict the government’s power to prevent communication on political matters,” the court noted. However, it added that such a restriction may stand if it is “imposed to fulfil a constitutionally legitimate purpose.”
“The law cited to reject the visa is valid. It does not impinge on the implied right to freedom of political communication, and if there is a burden on such a right, it is justified. The law was not misconstrued,” it remarked.
Owens’ lawyers had argued that the visa denial also infringed on the rights of Australians who intended to attend her events. They also contended that even if the law itself was valid, the minister had “misconstrued” its application in Owens’ case.
The (non-)visit Down Under
Owens’ speaking tour was scheduled for November last year, with stops planned in the 5 largest cities: Melbourne, Sydney, Brisbane, and Perth, and Adelaide.
However, a month before the tour, immigration and home affairs minister Burke denied her visa, citing her large online influence — including more than 5 million YouTube subscribers — and her past controversial remarks, such as comments about Nazis and the 2019 Christchurch mosque attack in neighbouring New Zealand.
Subsequently, Owens was also initially denied entry to New Zealand, though that decision was later reversed.
The court unanimously ruled that immigration minister Tony Burke’s October 2024 decision was lawful, rejecting Owens’ argument that the refusal placed an “impermissible burden” on her implied right to freedom of political communication .
“The implied freedom of political communication does restrict the government’s power to prevent communication on political matters,” the court noted. However, it added that such a restriction may stand if it is “imposed to fulfil a constitutionally legitimate purpose.”
“The law cited to reject the visa is valid. It does not impinge on the implied right to freedom of political communication, and if there is a burden on such a right, it is justified. The law was not misconstrued,” it remarked.
Owens’ lawyers had argued that the visa denial also infringed on the rights of Australians who intended to attend her events. They also contended that even if the law itself was valid, the minister had “misconstrued” its application in Owens’ case.
The (non-)visit Down Under
Owens’ speaking tour was scheduled for November last year, with stops planned in the 5 largest cities: Melbourne, Sydney, Brisbane, and Perth, and Adelaide.
However, a month before the tour, immigration and home affairs minister Burke denied her visa, citing her large online influence — including more than 5 million YouTube subscribers — and her past controversial remarks, such as comments about Nazis and the 2019 Christchurch mosque attack in neighbouring New Zealand.
Subsequently, Owens was also initially denied entry to New Zealand, though that decision was later reversed.
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