Australia’s High Court Rejects Candace Owens’ Visa Appeal,Over Fears of Social Division

Judges ruled the Home Affairs minister acted lawfully after finding Owens’ rhetoric risked inciting social discord; she was ordered to pay government court costs.

MELBOURNE, Australia — Australia’s High Court has upheld a government decision to deny U.S. conservative commentator Candace Owens a visa, ruling that officials acted lawfully when they determined her visit could stir social unrest.

In a unanimous decision on Wednesday, three judges rejected Owens’ challenge to Home Affairs Minister Tony Burke’s 2024 refusal of her visa on character grounds. Owens had planned to begin a speaking tour in Australia and New Zealand late last year.

Burke used powers under the Migration Act to block the application, concluding that Owens failed the “character test.” He found her presence posed “a risk of inciting discord within the Australian community” and that refusal was in the national interest.

Court documents show Burke described Owens as a commentator known for controversial and conspiratorial statements. He cited “extremist and inflammatory comments toward Muslim, Black, Jewish and LGBTQIA+ communities” that he said had generated division and hostility online.

Officials said Owens’ social media reach — more than 18 million followers across multiple platforms — amplified those risks. They argued that her speeches and posts, which often frame social and political issues through provocation and identity-based attacks, could inflame tensions at a time when Australia’s domestic extremism threat level remains elevated.

Owens’ lawyers argued the Migration Act was unconstitutional because it restricted Australia’s implied freedom of political communication. The court dismissed that argument, noting that while Australia’s constitution protects limited political expression, it does not guarantee unrestricted speech similar to the U.S. First Amendment.

The judges also rejected claims that Burke had exceeded his authority. Owens was ordered to pay the government’s legal costs.

Burke called the ruling a “win for social cohesion.”

“Inciting discord might be the way some people make money, but it’s not welcome in Australia,” he said in a statement.

Owens has not yet commented publicly. A spokeswoman said she would respond later on social media.

Burke told the court that Owens already had significant influence online and that her presence could heighten polarization. He noted the government raised Australia’s terrorism threat level from “possible” to “probable” last year following a reported increase in extremist activity.

Australia has long exercised wide discretion under the character test to refuse visas. Earlier this year Burke revoked U.S. rapper Ye’s visa after the release of his song “Heil Hitler.”

Owens’ rejection also prompted New Zealand to initially deny her entry, though an immigration official there later reversed that decision, citing “the importance of free speech.”

Owens’ team did not say whether she still intends to visit New Zealand.