High Court backs minister’s ban on right-wing US commentator Candace Owens

Controversial right-wing US commentator Candace Owens has lost a High Court challenge to Home Affairs Minister Tony Burke’s decision to deny her a visa a year ago.

The online commentator and conservative activist had a speaking tour in Australia last year cancelled after the Government refused her a visa for failing the character test on the grounds of the risk her anti-Semitic and extremist views would “incite discord” in the Australian community.

Ms Owens challenged the decision in the High Court, saying the decision infringed the implied right to freedom of political communication.

The case was heard before the full bench of the court in May, days after the Federal election.

The court unanimously held on Wednesday that the minister had made the decision validly and that it didn’t contravene freedom of communication.

Ms Owens, referred to in the court’s decision by her married name of Candace Owens Farmer, will have to pay the Commonwealth’s costs for the case.’

Mr Burke in August cited barring Ms Owens’ entry into Australia along with his cancellation of Kanye West’s visa as examples of his acting against people with anti-Semitic views.

The court heard that in the visa decision, he stated that Ms Owens had publicly made “extremist and inflammatory comments towards Muslim, Black, Jewish and LGBTQIA+ communities which generate controversy and hatred”.

“I find that there is a risk that Ms Farmer’s controversial views will amplify grievances among communities and lead to increased hostility and violent or radical action,” he said in making the decision.

The judgement written by Chief Justice Stephen Gaegler, Justice Michelle Gordon and Justice Robert Beech-Jones said the implied right to freedom of political communication was not a personal right, so it didn’t matter if the conduct of an individual was restricted by any personal law.

“No one, whether Ms Farmer or anyone with whom she might communicate in Australia, has any right that Ms Farmer enter Australia,” they said.