New Zealand Associate Immigration Minister Chris Penk granted Candace Owens a visa on December 12, 2024, after Immigration New Zealand had declined her application. The released ministerial media lines say he considered representations “including the importance of free speech.” This was a ministerial intervention, not a court ruling—and it did not change Australia’s separate refusal of her visa.
Why New Zealand initially refused Owens’s visa
Immigration New Zealand (INZ) declined Owens’s entertainer work-visa application in November 2024 after Australia had denied her entry. Ministerial media lines released under the Official Information Act say INZ relied on section 15(1)(f) of the Immigration Act 2009, “following Ms Owens being denied entry to Australia.” (New Zealand Department of Internal Affairs)
The refusal was New Zealand’s decision under New Zealand law. It was not the Australian visa decision being applied in New Zealand, nor does the released statement describe the two countries as having made the same legal assessment.
How the refusal was reversed
Owens sought intervention from Associate Immigration Minister Chris Penk in November–December 2024. Records released under the Official Information Act include submissions from the Free Speech Union and correspondence with Penk’s office. The ministerial media lines state: “The Minister made his decision after considering representations made to him, including the importance of free speech.”
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That statement identifies free speech as one consideration among representations made to Penk. It does not say it was the only reason, establish a general rule that free-speech arguments override visa requirements, or turn the decision into a court precedent. The Free Speech Union’s arguments in the records should be understood as the organisation’s advocacy, not as findings by a court.
On December 12, 2024, Penk granted Owens a visa following the request for intervention. The records describe a ministerial decision for this applicant, rather than a judicial appeal or a general change to New Zealand’s immigration rules.
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New Zealand and Australia made separate decisions
| Issue | New Zealand | Australia |
|---|---|---|
| Decision-maker and route | INZ initially declined the application under section 15(1)(f) of the Immigration Act 2009; Associate Immigration Minister Chris Penk later intervened and granted a visa. | The Home Affairs Minister refused the visa under the Migration Act character test on October 25, 2024. |
| Stated basis or consideration | The released media lines cite the prior Australian denial as the basis for INZ’s initial refusal. Penk’s office said he considered representations including the importance of free speech. | The minister reasonably suspected Owens failed the character test because of a risk she would incite discord in the Australian community or a segment of it, and found refusal to be in the national interest. |
| Later status | A visa was granted after ministerial intervention on December 12, 2024. | The refusal remained separate. Australia’s High Court rejected Owens’s challenge in a unanimous summary issued October 15, 2025. |
ABC reported after the New Zealand decision that Owens remained unable to enter Australia. Australian Minister Tony Burke was quoted as saying: “Australia’s national interest is best served when Candace Owens is somewhere else.” (ABC News report)
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What Australia’s High Court decided in 2025
On October 15, 2025, Australia’s High Court unanimously held that section 501(6)(d)(iv) of the Migration Act did not infringe the Constitution’s implied freedom of political communication and that the refusal decision was not invalid. The Court held by majority that the provision effectively burdens that implied freedom but that the burden is justified. It also held that the minister had not misconstrued the provision. (High Court of Australia, judgments for 2025)
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That was an Australian constitutional and statutory decision about Australia’s refusal. It did not review Penk’s decision, decide New Zealand immigration law, or undo the New Zealand visa grant.
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What the case does—and does not—show
- It shows a case-specific intervention: INZ first refused the application, and Penk later granted a visa after representations were made to him.
- It shows free speech was considered: the ministerial media lines name it as one of the considerations, not as the sole rationale or a binding legal principle.
- It does not show Australia’s refusal was overturned: Australia’s separate refusal remained in effect and was upheld by its High Court in 2025.
- It is not an account of ordinary reconsideration: the case records describe ministerial intervention. INZ’s general guidance, published February 1, 2023, says options after refusal depend on the applicant’s circumstances; it discusses reconsideration for some applicants and notes that offshore temporary-visa applications are not legally required to be reconsidered. That general information does not establish the route Owens used. (Immigration New Zealand: If your visa application is declined)
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