Australia’s highest court rejects Candace Owens’ visa challenge

MELBOURNE Australia AP Australia s highest court on Wednesday rejected U S conservative commentator Candace Owens bid to overturn an Australian regime decision barring her from visiting the country Three High Court judges unanimously rejected Owens challenge to Home Affairs Minister Tony Burke s decision in to refuse her a visa on character grounds Owens had planned to begin a speaking tour in Australia last November and also visit neighboring New Zealand Burke used his powers under the Migration Act last October to refuse her a visa because she failed the so-called character test court documents explained Burke discovered there was a danger Owens would incite discord in the Australian district and that refusing her a visa was in the national interest As a political commentator author and activist Owens was known for her controversial and conspiratorial views She had made extremist and inflammatory comments toward Muslim Black Jewish and LGBTQIA communities which generate dispute and hatred Burke announced in court documents Owens lawyers had argued the Migrant Act was unconstitutional because it infringed upon Australia s implied freedom of political communications Australia doesn t have an equivalent of the U S First Amendment that states a right to free speech But because Australia is a democracy the High Court has decided that the constitution implies free speech limited to governmental and political matters Owens lawyers had argued that if the Migration Act was constitutional then Burke had misconstrued his powers under that law in refusing her a visa The judges rejected both arguments and ordered Owens to pay the executive s court costs Burke described the ruling as a win for social cohesion Inciting discord might be the way certain people make money but it s not welcome in Australia Burke stated in declaration Owens spokesman communicated The Associated Press in an email on Thursday Owens would comment on the court decision on social media later this week Burke had reported the court that while Owens already had an ability to incite discord through her million followers across social media platforms her presence in Australia would amplify that prospective He noted that when Australia s terrorism threat level was elevated from feasible to probable last year the national domestic spy agency stated an increase in extremism Australia has long used a wide discretion under the character test to refuse foreigners temporary visas Burke stripped Ye the U S rapper formerly known as Kanye West of an Australian visa after he published his single Heil Hitler in May this year Ye had been traveling for years to Australia where his wife of three years Bianca Censori was born Burke s decision to ban Owens prompted neighboring New Zealand to refuse her a visa in November on the grounds that she had been rejected by Australia But a New Zealand immigration official overturned that refusal in December citing the importance of free speech Owens spokesman revealed on Thursday she would not tour New Zealand