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Australia’s High Court unanimously ruled Wednesday that Home Affairs Minister Tony Burke acted within legal authority when he refused a visa to US rightwing commentator Candace Owens in October 2024. The full bench determined Burke’s decision to block Owens from entering the country for a planned speaking tour did not violate implied constitutional protections for political communication, rejecting her legal challenge and ordering her to pay defendants’ costs.
Burke denied Owens’ visa application on character grounds under the Migration Act, arguing she had “the capacity to incite discord” based on her history of advancing conspiracy theories and antisemitic rhetoric. The court found the minister correctly applied provisions allowing visa refusals when there is risk a person would “stir up or encourage dissension or strife in the Australian community of a kind or to a degree that is harmful.” Burke hailed the ruling as “a win for social cohesion,” while Owens’ legal team had argued the character test was too broad and could suppress non-mainstream political debate.
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