Why Candace Owens failed Australia’s ‘Character Test’ and lost her visa appeal. Know all about it

Candace Owens, a conservative political commentator from the United States, lost her legal challenge after the Australian high court upheld the government’s decision to bar her entry. The court ruled on Wednesday (October 15) that Home Affairs Minister Tony Burke was justified in denying Owens a visa, citing "character" grounds. Burke had invoked the Migration Act last year to conclude that Owens failed the ‘character test’. The decision was based on concerns that Owens could 'incite discord' within Australian society.

Her controversial public statements, including inflammatory remarks about various minority groups, were central to the minister’s rationale for the visa refusal. In response, Owens' legal team argued that the Migration Act was unconstitutional, claiming it infringed on Australia's implied right to free speech, especially in political matters.

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However, the high court dismissed this argument, ruling that the restrictions on political speech were necessary to

protect national security and public order. Justices Stephen Gageler, Michelle Gordon, and Robert Beech-Jones emphasised that the implied freedom of political communication is not an unlimited right, but rather one that can be restricted when public safety is at risk. This ruling follows a similar case in July, when Australian authorities also revoked the visa of rapper Ye (formerly Kanye West) over his promotion of hate speech in a recent song.