The High Court has unanimously backed a decision by the government to refuse a temporary visa to conservative American commentator Candace Owens Farmer, who had planned a speaking tour to Australia in 2024.

The visa was refused by Immigration Minister Tony Burke under the character test, on the grounds Owens could incite discord in a section of the community, and her visit was not in the national interest.

Her lawyers argued the decision placed an impermissible burden on the implied right to freedom of political communication, and the minister had adopted an incorrect interpretation of the law.

Today the High Court found the law is valid, and applies in circumstances where the person in question would stir-up or encourage dissension or strife, risking harm to the Australian community.

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