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Candace Owens faces big setback as Australia HC upholds visa ban, All we know about her ‘character test’
Candace Owens' visa denial to Australia was upheld by the High Court, citing her controversial views and potential to incite discord.
Candace Owens, a conservative commentator from the United States, challenged a government decision that prohibited her from entering Australia, but the highest court in Australia dismissed her case on Wednesday, according to AP.
Three High Court judges overwhelmingly affirmed Home Affairs Minister Tony Burke's move to deny Owens a visa on character grounds last year, as per AP. In addition to visiting neighboring New Zealand, Owens had intended to embark on a speaking tour in Australia in November.
Did Candace Owens fail character test?
In October of last year, Burke used his authority under the Migration Act to conclude that Owens had not passed the so-called "character test." According to court documents, the minister decided that it was in the national interest to deny Owens a visa because she posed a risk of "inciting discord in the Australian community."
According to the records, Owens was "known for her controversial and conspiratorial views" as a political pundit, author, and activist. She had made "extremist and inflammatory remarks towards Muslim, Black, Jewish, and LGBTQIA+ communities which create controversy and hatred," Burke emphasized, AP.
What has Candace Owens' lawyers said?
Owens' attorneys had claimed that the Migration Act violated Australia's implicit right to free speech in politics, making it unconstitutional. This argument was dismissed by the High Court, which upheld the minister's ruling and the denial of the visa.
Australian HC's Candace Owens ruling
The court ruled that although the requirements of the Migration Act hindered political communication, they had a valid and justified aim in safeguarding the Australian community from travellers who could “stir up or encourage dissension or strife on political matters”.
According to a combined ruling by High Court Judges Stephen Gageler, Michelle Gordon, and Robert Beech-Jones, “the implied freedom is not a 'personal right,' is not unlimited, and is not absolute.”
Australia also revoked the visa of American rapper Ye, formerly known as Kanye West, in July due to allegations that his May single "Heil Hitler" propagated Nazi ideas.
