High Court upholds minister's decision to block visa for American commentator Candace Owens

MIGRATION ACT 1958 - SECT 501
(1)   The Minister may refuse to grant a visa to a person if the person does not satisfy the Minister that the person passes the character test.
[...]
(6)   For the purposes of this section, a person does not pass the character test if:
\ [...]
\ (c)   having regard to either or both of the following:
\ [...]
\ (ii)   the person's past and present general conduct;
\ the person is not of good character; or
\ (d)   in the event the person were allowed to enter or to remain in Australia, there is a risk that the person would:
\ (i)   engage in criminal conduct in Australia; or
\ [...]
\ (iii)   vilify a segment of the Australian community; or
\ (iv)   incite discord in the Australian community or in a segment of that community; or
\ (v)   represent a danger to the Australian community or to a segment of that community, whether by way of being liable to become involved in activities that are disruptive to, or in violence threatening harm to, that community or segment, or in any other way; or
\ Source.

I'm willing to bet you're a yank, so let me explain a few things to you:

We don't take kindly to outsiders coming into our country to spread hate.
Hate speech is criminalised here, and we don't let people come into our country with the intention to commit crimes.
Using the laws as they are set out, isn't, by default, abusing power.
Our High Court isn't some bastardised political pageantry like your Supreme Court, it makes decisions based on actual facts and law.

7 comments

Thank you Supreme Court and Minister Burke. Need to keep this racist right wing nuthob out of our country. We already have enough religious nut jobs and right wing wreckers in this country.
Fucking good. The rest of the world needs to show America that we don’t support this fascist bullshit on any level.
Aunt Bigsby
- Pretty sure she goes by Creepy Aunt Ruckus
- MIGRATION ACT 1958 - SECT 501
  (1)   The Minister may refuse to grant a visa to a person if the person does not satisfy the Minister that the person passes the character test.
  [...]
  (6)   For the purposes of this section, a person does not pass the character test if:
  \ [...]
  \ (c)   having regard to either or both of the following:
  \ [...]
  \ (ii)   the person's past and present general conduct;
  \ the person is not of good character; or
  \ (d)   in the event the person were allowed to enter or to remain in Australia, there is a risk that the person would:
  \ (i)   engage in criminal conduct in Australia; or
  \ [...]
  \ (iii)   vilify a segment of the Australian community; or
  \ (iv)   incite discord in the Australian community or in a segment of that community; or
  \ (v)   represent a danger to the Australian community or to a segment of that community, whether by way of being liable to become involved in activities that are disruptive to, or in violence threatening harm to, that community or segment, or in any other way; or
  \ Source.
  I'm willing to bet you're a yank, so let me explain a few things to you:
  We don't take kindly to outsiders coming into our country to spread hate.
  Hate speech is criminalised here, and we don't let people come into our country with the intention to commit crimes.
  Using the laws as they are set out, isn't, by default, abusing power.
  Our High Court isn't some bastardised political pageantry like your Supreme Court, it makes decisions based on actual facts and law.
- Ahh, tolerate intolerant...
- Visa of another country is a privilege, not a right. The host country can refuse it for whatever reason.