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Australia's highest court rejects Candace Owens' visa challenge

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Australia's highest court rejects Candace Owens' visa challenge
News

News

Australia's highest court rejects Candace Owens' visa challenge

2025-10-15 23:39 Last Updated At:23:40

MELBOURNE, Australia (AP) — Australia’s highest court on Wednesday rejected U.S. conservative commentator Candace Owens ’ bid to overturn an Australian government decision barring her from visiting the country.

Three High Court judges unanimously rejected Owens’ challenge to Home Affairs Minister Tony Burke’s decision in 2024 to refuse her a visa on character grounds.

Owens had planned to begin a speaking tour in Australia last November and also visit neighboring New Zealand.

Burke used his powers under the Migration Act last October to refuse her a visa because she failed the so-called “character test,” court documents said.

Burke found there was a risk Owens would “incite discord in the Australian community” and that refusing her a visa was in the national interest. As a political commentator, author and activist, Owens was “known for her controversial and conspiratorial views.”

She had made “extremist and inflammatory comments toward Muslim, Black, Jewish and LGBTQIA+ communities which generate controversy and hatred,” Burke said in court documents.

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

Australia doesn't have an equivalent of the U.S. First Amendment that states a right to free speech. But because Australia is a democracy, the High Court has decided that the constitution implies free speech limited to governmental and political matters.

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

The judges rejected both arguments and ordered Owens to pay the government’s court costs.

Burke described the ruling as 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’ spokesman told The Associated Press in an email on Thursday Owens would comment on the court decision on social media later this week.

Burke had told the court that while Owens already had an ability to incite discord through her 18 million followers across social media platforms, her presence in Australia would amplify that potential.

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

Australia has long used a wide discretion under the character test to refuse foreigners temporary visas.

Burke stripped Ye, the U.S. rapper formerly known as Kanye West, of an Australian visa after he released his single “Heil Hitler” in May this year. Ye had been traveling for years to Australia, where his wife of three years, Bianca Censori, was born.

Burke's decision to ban Owens prompted neighboring New Zealand to refuse her a visa in November on the grounds that she had been rejected by Australia. But a New Zealand immigration official overturned that refusal in December, citing "the importance of free speech.”

Owens’ spokesman said on Thursday she would not tour New Zealand.

FILE - U.S. conservative commentator Candace Owens speaks at the Convention of the Right, in Paris, on Sept. 28, 2019. (AP Photo/Michel Euler, FILE)

FILE - U.S. conservative commentator Candace Owens speaks at the Convention of the Right, in Paris, on Sept. 28, 2019. (AP Photo/Michel Euler, FILE)

HAVANA (AP) — Cuban soldiers wearing white gloves marched out of a plane on Thursday carrying urns with the remains of the 32 Cuban officers killed during a stunning U.S. attack on Venezuela as trumpets and drums played solemnly at Havana's airport.

Nearby, thousands of Cubans lined one of the Havana’s most iconic streets to await the bodies of colonels, lieutenants, majors and captains as the island remained under threat by the administration of U.S. President Donald Trump.

The shoes of Cuban soldiers clacked as they marched stiff-legged into the headquarters of the Ministry of the Armed Forces, next to Revolution Square, with the urns and placed them on a long table next to the pictures of those slain so people could pay their respects.

Thursday’s mass funeral was only one of a handful that the Cuban government has organized in almost half a century.

Hours earlier, state television showed images of more than a dozen wounded people accompanied by Cuban Foreign Minister Bruno Rodríguez arriving Wednesday night from Venezuela. Some were in wheelchairs.

The official announcer indicated that they were “combatants” who had been “wounded” in Venezuela. They were greeted by the Minister of the Interior, Lázaro Alberto Álvarez, and the Minister of the Revolutionary Armed Forces, Álvaro López Miera.

Those injured and the bodies of those killed arrived as tensions grow between Cuba and U.S., with President Donald Trump recently demanding that the Caribbean country make a deal with him before it is “too late.” He did not explain what kind of deal.

Trump also has said that Cuba will no longer live off Venezuela's money and oil. Experts warn that the abrupt end of oil shipments could be catastrophic for Cuba, which is already struggling with serious blackouts and a crumbling power grid.

Officials unfurled a massive flag at Havana's airport as President Miguel Díaz-Canel, clad in military garb as commander of Cuba's Armed Forces, stood silent next to former President Raúl Castro, with what appeared to be the relatives of those slain looking on nearby.

Cuban Interior Minister Lázaro Alberto Álvarez Casa said Venezuela was not a distant land for those killed, but a “natural extension of their homeland.”

“The enemy speaks to an audience of high-precision operations, of troops, of elites, of supremacy,” Álvarez said in apparent reference to the U.S. “We, on the other hand, speak of faces, of families who have lost a father, a son, a husband, a brother.”

Álvarez called those slain “heroes,” saying that they were example of honor and “a lesson for those who waver.”

“We reaffirm that if this painful chapter of history has demonstrated anything, it is that imperialism may possess more sophisticated weapons; it may have immense material wealth; it may buy the minds of the wavering; but there is one thing it will never be able to buy: the dignity of the Cuban people,” he said.

Thousands of Cubans lined a street where motorcycles and military vehicles thundered by with the remains of those killed.

“They are people willing to defend their principles and values, and we must pay tribute to them,” said Carmen Gómez, a 58-year-old industrial designer, adding that she hopes no one invades given the ongoing threats.

When asked why she showed up despite the difficulties Cubans face, Gómez replied, "It’s because of the sense of patriotism that Cubans have, and that will always unite us.”

Cuba recently released the names and ranks of 32 military personnel — ranging in age from 26 to 60 — who were part of the security detail of Venezuelan President Nicolás Maduro during the raid on his residence on January 3. They included members of the Revolutionary Armed Forces and the Ministry of the Interior, the island’s two security agencies.

Cuban and Venezuelan authorities have said that the uniformed personnel were part of protection agreements between the two countries.

Meanwhile, a demonstration was planned for Friday across from the U.S. Embassy in an open-air forum known as the Anti-Imperialist Tribune. Officials have said they expect the demonstration to be massive.

“People are upset and hurt. There’s a lot of talk on social media; but many do believe that the dead are martyrs” of a historic struggle against the United States, analyst and former diplomat Carlos Alzugaray told The Associated Press.

In October 1976, then-President Fidel Castro led a massive demonstration to bid farewell to the 73 people killed in the bombing of a Cubana de Aviación civilian flight financed by anti-revolutionary leaders living in the U.S. Most of the victims were Cuban athletes returning to their island.

In December 1989, officials organized “Operation Tribute” to honor the remains of more than 2,000 Cuban combatants who died in Angola during Cuba’s participation in the war that defeated the South African army and ended the apartheid system. In October 1997, memorial services were held following the arrival of the remains of guerrilla commander Ernesto “Che” Guevara and six of his comrades, who died in 1967.

A day before the remains of those slain arrived in Cuba, U.S. Secretary of State Marco Rubio announced $3 million in relief aid to help the island recover from the catastrophic Hurricane Melissa, which struck in late October.

The first flight took off from Florida on Wednesday, and a second flight was scheduled for Friday. A commercial vessel also will deliver food and other supplies.

“We have taken extraordinary measures to ensure that this assistance reaches the Cuban people directly, without interference or diversion by the illegitimate regime,” Rubio said, adding that the U.S. government was working with Cuba's Catholic Church.

The announcement riled Cuban Foreign Minister Bruno Rodríguez.

“The U.S. government is exploiting what appears to be a humanitarian gesture for opportunistic and politically manipulative purposes,” he said in a statement. “As a matter of principle, Cuba does not oppose assistance from governments or organizations, provided it benefits the people and the needs of those affected are not used for political gain under the guise of humanitarian aid.”

Coto contributed from San Juan, Puerto Rico.

Workers fly the Cuban flag at half-staff at the Anti-Imperialist Tribune near the U.S. Embassy in Havana, Cuba, Monday, Jan. 5, 2026, in memory of Cubans who died two days before in Caracas, Venezuela during the capture of Venezuelan President Nicolas Maduro by U.S. forces. (AP Photo/Ramon Espinosa)

Workers fly the Cuban flag at half-staff at the Anti-Imperialist Tribune near the U.S. Embassy in Havana, Cuba, Monday, Jan. 5, 2026, in memory of Cubans who died two days before in Caracas, Venezuela during the capture of Venezuelan President Nicolas Maduro by U.S. forces. (AP Photo/Ramon Espinosa)

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