Controversial U.S. political commentator Candace Owens has officially lost her fight to enter Australia.
The High Court has upheld the federal government’s decision to deny her visa, saying the move was justified under national interest and public safety concerns.
Government Says Owens’ Views Could Divide Australians
The visa refusal, originally made in October 2024 by Home Affairs Minister Tony Burke, was based on concerns that Owens might “incite discord” within Australian society.
Burke said at the time that he “reasonably suspected” she failed the character test required for entry.
“Australia’s national interest is best served when Candace Owens is somewhere else,” Burke bluntly stated, referencing her history of controversial and conspiratorial commentary.
The decision even gained support across party lines, with Liberal immigration spokesman Dan Tehan backing the ban.
High Court Sides with the Government
On Wednesday, the High Court unanimously ruled in the government’s favor, rejecting Owens’ argument that the visa denial violated Australia’s implied freedom of political communication.
Judges found that the refusal was lawful and consistent with protecting community harmony.
As part of the ruling, the 36-year-old commentator was also ordered to cover the Commonwealth’s legal costs.
Why Authorities Blocked Her Entry
According to court documents, officials expressed concern over Owens’ track record of inflammatory comments about Muslim, Black, Jewish, and LGBTQI communities.
The government argued that her rhetoric — often spread to millions through social media — risked fuelling extremism and social division.
Authorities also cited statements where Owens allegedly downplayed the Holocaust and claimed that Muslims were responsible for starting slavery.
These remarks, they argued, showed she posed a risk of encouraging extremist behavior or even sparking civil unrest.
Owens’ Legal Team Claims Free Speech Suppression
Owens’ lawyers, led by barrister Perry Herzfeld SC, pushed back, saying the visa decision unfairly targeted her political views.
They argued the “character test” used to assess visa eligibility could easily exclude people for holding non-mainstream opinions.
Herzfeld also criticized the “incite discord” standard as overly broad — one that could be used to block anyone simply for engaging in heated debate.
He warned that such powers could allow the government to reject “anyone the minister doesn’t like.”
He further pointed out that what counts as “mainstream” changes over time, noting how homosexuality was once criminalized but later accepted and legalized through same-sex marriage.
Court Says Ban Was Justified Under National Interest
Despite those arguments, the High Court stood by the government’s stance.
Judges ruled that the visa refusal did not breach freedom of political communication and was justified to protect national security and social cohesion.
During the hearing in May, Solicitor-General Stephen Donaghue KC explained that the “incite discord” clause was intended to apply to serious cases — people whose influence could genuinely endanger community stability.
The court even referenced Owens’ name appearing in the manifesto of the extremist who carried out the Christchurch mosque massacre in New Zealand, which further strengthened the case against her.
Concerns Over Her Massive Online Reach
With more than 4.2 million subscribers on YouTube and 5.7 million followers on Instagram, Australian authorities warned that Owens’ online influence could easily amplify division if she were allowed into the country.
Her high visibility and controversial statements, officials said, made her presence in Australia a potential flashpoint for tension.
Recent Controversies Added to the Decision
Owens has long been a lightning rod for controversy.
In 2024, she made headlines after falsely claiming that Brigitte Macron — the wife of French President Emmanuel Macron — was born male.
Around the same time, she parted ways with the conservative media platform The Daily Wire after a public falling-out with co-founder Ben Shapiro.
The dispute reportedly began after Owens criticized Israel’s actions in Gaza and urged the U.S. government to halt military funding to the country.
What Happens Next
As of now, the High Court’s ruling effectively ends Owens’ legal pathway to challenge her visa ban in Australia.
She has been ordered to pay the government’s legal fees and remains barred from entry.
The Daily Mail has reached out to Candace Owens for comment, but she has yet to respond publicly.