Australia's highest court rejects Candace Owens' challenge to country refusing her visa request

Australia's highest court on Wednesday rejected conservative commentator Candace Owens' challenge to the country's decision to refuse her a visa last year.

Owen's request was rejected by Home Affairs Minister Tony Burke, according to the according to the associated Press. Owens had planned to begin a speaking tour in Australia last November and visit New Zealand.

Last October, Burke used his powers under the country's Migration Act to refuse her a visa because she failed the “character test,” according to court documents.

Burke said there was a risk that Owens would “incite discord in the Australian community,” therefore, refusing her a visa was in the national interest.

He found that Owens was “known for her controversial and conspiratorial views,” and that she had made “extremist and inflammatory comments towards Muslim, Black, Jewish and LGBTQIA+ communities which generate controversy and hatred,” according to court documents.

Burke had told the High Court that while Owens could already incite discord through her 18 million followers across social media platforms, her presence in Australia would amplify that potential.

He also said that when Australia’s terrorism threat level was increased from “possible” to “probable” last year, the national domestic spy agency reported an “increase in extremism.”

Owens' attorneys argued the Migrant Act was unconstitutional because it infringed upon Australia’s implied freedom of political communications.

While Australia doesn’t have the equivalent of the U.S. Constitution's First Amendment right to free speech, since it is a democracy, the High Court has decided that the constitution implies free speech limited to governmental and political matters.

Owens’ lawyers also argued that if the Migration Act was constitutional, then Burke misconstrued his powers under the law by refusing her a visa.

The High Court judges rejected both arguments made by Owens' lawyers and ordered her to pay the government’s court costs.

Burke called the ruling a “win for social cohesion.”

“Inciting discord might be the way some people make money, but it’s not welcome in Australia,” Burke said in statement.

Owens' spokeswoman told the wire service on Wednesday that Owens would comment on the court decision later on social media.