Candace Owens Takes Australia to High Court Over Visa Ban

Her tour is still up in the air as she challenges a visa refusal by Home Affairs Minister Tony Burke in the High Court.

Candace Owens speaks at the Young Women’s Leadership Summit at the Gaylord Texan Resort and Convention Center in Grapevine, Texas, on June 10, 2023. Bobby Sanchez/The Epoch Times

Candace Owens is at the centre of a free speech battle, challenging the Australian government’s decision to ban her from entering the country, by taking her case to the High Court.

The prominent U.S. commentator was set to tour Australia in March 2024, but the Albanese government blocked her visa, citing concerns that her views could “incite discord.”

She is now taking the case to court, arguing that the ban is an attack on free expression and sets a dangerous precedent for political censorship.

“The bad news is that we have to bump that tour to the fall, but the good news is the reason why,” she said.

“We appealed our case to the High Court, which is essentially their Supreme Court. And we just heard back that the full bench wants to sit this, meaning the entire court rather than us just getting a judge or getting someone to hear it.”

As a result of the legal fight, her tour has been postponed, but Owens remains optimistic of the outcome.

“I won’t be able to be there for the actual court case because I can’t get into the country. [But] we are hoping that they return this most crucial decision on free speech in our favour,” she said in a recent Facebook update.

In relation to the High Court case, The Epoch Times understands the matter is not yet ready for referral to the full court. However, both parties agree that the case should be considered by the “Full Court of the High Court.”

Owens said she had no regrets and was deeply honoured to be the subject of this case.

Why Was the Visa Cancelled?

The Albanese government, however, argues that free speech does not mean the right to enter Australia.

On Oct. 27, Home Affairs Minister Tony Burke said that “Australia’s national interest is served when Candace Owens is somewhere else.”

“From downplaying the impact of the Holocaust with comments about Mengele through to claims that Muslims started slavery, Candace Owens has the capacity to incite discord in almost every direction,” he told reporters.

When Owens first announced she was coming to Australia and New Zealand, she said she was about to discuss everything they “do not want us speaking about.”

“Freedom of speech, why the elites want to launch deathly wasteful wars and of course why Christ really is King,” she said.

Upon hearing about her visa ban, Owens expressed concern that she had found out about the cancellation at the “same time as the press” on her show, The Candace podcast.

“This is supposed to be a private application process, so unless I spoke about this, no one should have known about this, but they chose to leak this, which I think is absolutely stunning,” she said.

“I am just very interested in what goes on in this country, which is supposed to be a free country, but I guess the immigration minister can unilaterally make this sort of decision.”

Owens has built a reputation as a social media influencer with 5.8 million followers on Facebook, 5.6 million followers on Instagram, and 6.6 million supporters on X.

Free Speech Crackdown

Owen’s supporters argue that banning a speaker simply because of their opinions is a slippery slope toward government-controlled speech.

At the time of her visa cancellation, NSW Libertarian Member of the Legislative Council John Ruddick said she should not be banned from Australia.

“In the age of the internet, it is absurd to try and prevent anyone’s views being heard,” Ruddick said.

“It is counter-productive state-sponsored vindictiveness against certain views. As Martin Luther King taught us, let freedom reign ... especially the freedom to share ideas that some politicians and bureaucrats think are dangerous.”

Tour Uncertainty

Despite the legal fight, Owens’ Australian tour page still slates five events in Australia including Sydney, Adelaide, Brisbane, Melbourne and Perth, and another event planned for Auckland, New Zealand, all during March.

“While they are optimistic about a favourable outcome, should the appeal be denied and cancellation become necessary, we will promptly notify all ticket holders and begin processing refunds automatically on the organiser’s behalf,” the page states.

Meanwhile, New Zealand took a different approach—Associate Immigration Minister Chris Penk lifted an initial visa rejection, allowing Owens entry in December.

Owens, 35, converted from Protestantism to Catholicism in April 2024 and her husband George Farmer is also a devout Catholic.

She was a vocal critic of Australia’s lockdown policies during the COVID-19 pandemic and also played a role in opposing Black Lives Matter in the U.S.

She also recently criticised U.S. President Donald Trump for meeting up with Israeli Prime Minister Benjamin Netanyahu.