Home Affairs Minister Tony Burke identified a risk that Candace Owens could “incite discord in the Australian community.” Published on October 15, 2025, this report details that Australia’s highest court has dismissed Owens’ attempt to challenge a government decision that barred her from entering the country.
On Wednesday, three judges from the High Court unanimously upheld Burke’s 2024 decision to deny Owens a visa on character grounds. Owens had intended to launch a speaking tour in Australia last November, which would also include a visit to New Zealand.
Burke exercised his authority under the Migration Act last October to refuse her visa, citing her failure to meet the “character test.” He determined that allowing her entry posed a risk of inciting discord within the Australian community and that denying her visa was in the national interest. Burke noted that Owens, as a political commentator, author, and activist, is “known for her controversial and conspiratorial views,” having made “extremist and inflammatory comments” targeting Muslim, Black, Jewish, and LGBTQIA+ communities, which foster controversy and hatred.
Owens’ legal team contended that the Migration Act was unconstitutional, claiming it violated Australia’s implied freedom of political communication. While Australia lacks a direct equivalent to the U.S. First Amendment guaranteeing free speech, the High Court has recognized an implied right to free speech concerning governmental and political matters. Owens’ lawyers argued that if the Migration Act were constitutional, Burke had misinterpreted his authority in denying her visa.
The judges rejected both claims and ordered Owens to cover the government’s court costs. Burke characterized 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.