Candace Owens blocked from Australia: High Court upholds government’s decision to deny US provocateur a visa over risk of inciting ‘discord’.
Conservative US commentator and influencer Candace Owens has lost her final legal battle to enter Australia, after the nation’s High Court on Wednesday unanimously upheld the government’s decision to refuse her a visa.
The full bench of the court backed the 2024 decision by the Minister for Home Affairs, Tony Burke, who blocked Owens’ entry ahead of a planned national speaking tour, arguing her presence could “incite discord“ and was not in the country’s national interest.
Failure to Pass ‘Character Test’
Owens, known for her provocative and often controversial views on race, the Holocaust, and LGBTQIA+ rights, was initially denied a visa in October 2024.
Minister Burke at the time stated: “From downplaying the impact of the Holocaust… through to claims that Muslims started slavery, Candace Owens has the capacity to incite discord in almost every direction.”
The Minister’s decision relied on the ‘character test’ provisions of the Migration Act, which allow non-citizens to be denied entry if they are deemed to pose a risk of stirring up “dissension or strife in the Australian community”.
Free Speech Challenge Rejected
Owens’ legal team argued that the section of the Act used to reject her visa was invalid, as it infringed upon the implied freedom of political communication in the Australian Constitution.
The High Court decisively rejected this argument, ruling that while the provision burdens political communication, the burden is justified by the legitimate purpose of protecting the Australian community from visitors who would encourage hostility and radical action.
Home Affairs Minister Tony Burke welcomed the ruling as a “win for social cohesion”, stating, “Inciting discord might be the way some people make money but it’s not welcome in Australia. Australia’s national interest is best served when Candace Owens is somewhere else.”
The decision forces the cancellation of her rescheduled Australian speaking tour, which was meant to take place in early 2026. Owens was also ordered to pay the Commonwealth’s legal costs.
