Candace Owens Has Been Barred From Australia After High Court Rejects Appeal
Image: Candace Owens / Facebook
Australia’s High Court has unanimously dismissed a legal challenge by US right-wing commentator Candace Owens seeking to overturn a visa refusal, effectively barring her from entering the country.
In its decision delivered on 15 October, the court sided unanimously with the ruling made by Home Affairs Minister Tony Burke in October 2024 to deny Owens a visa under the Migration Act’s character test.
Burke had argued that Owens’ rhetoric and public statements carried a risk of inciting discord across various communities in Australia — including LGBTQIA+, Muslim, Black and Jewish populations — and that the refusal was in Australia’s national interest.
A statement released by the court read it upheld Burke’s decision due to the risk that Owens’ views would incite “radical” action.
“The Minister found that there was a risk of Ms Farmer’s controversial views leading to increased hostility and violent or radical action,” and in the event that Owens would be allowed in to the country, “… there is a risk that [Owens] would stir up or encourage dissension or strife in the Australian community, or a segment of that community, of a kind or to a degree that is harmful to that community or segment.”
Owens, who works as a podcast host and commentator, has publicly backed several conspiracy theories, including about COVID and COVID lockdowns, Black Lives Matter, the Holocaust, climate change, gender-affirming health care, and most recently, regarding the fatal shooting of far-right commentator Charlie Kirk.
Commenting in October last year, Burke told media, “From downplaying the impact of the Holocaust with comments about [Nazi doctor Josef] Mengele through to claims that Muslims started slavery, Candace Owens has the capacity to incite discord in almost every direction.
“Australia’s national interest is best served when Candace Owens is somewhere else.”
Candace Owens claimed visa rejected was unlawful
Owens’ legal team had argued that the visa refusal breached the Constitution’s implied freedom of political communication, claiming that the minister’s decision was unlawful.
However, the High Court found that the Migration Act did not infringe that freedom in this context, that the Australian people were not deprived of Owens’ views as they could still access them online, and that the minister had acted within lawful bounds. The court also ordered Owens to pay the government’s legal costs.
Burke welcomed the ruling as a win for community cohesion. “Inciting discord might be the way some people make money, but it’s not welcome in Australia,” he said.
Owens has not publicly responded to the High Court’s ruling by time of publication.
Owens faces high-profile defamation over “transvestigation”
Owens recently faced legal challenges from French President Emmanuel Macron and his wife Brigitte, who filed a defamation lawsuit over Owens’ “transvestigation” that claimed the French First Lady is transgender. The lawsuit, lodged in Delaware Superior Court, accuses Owens of waging a conspiracy theory-driven campaign that caused reputational, emotional and financial harm.
According to the filing, Owens stated she would “stake [her] entire professional reputation on the fact that Brigitte Macron is in fact a man.” The Macrons say she continued amplifying the claims despite repeated cease-and-desist notices.
Owens, known for her provocative rhetoric and frequent targeting of LGBTQIA+ topics, responded by doubling down, stating she would not “shut up.”
