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November 28, 2024 3 mins

The Free Speech Union is considering legal action over a far-right US commentator being banned from the country. 

Candace Owens promotes antisemitic conspiracy theories, has downplayed aspects of the Holocaust and has made offensive comments about Muslims. 

Immigration New Zealand has denied her a work visa for a speaking tour - because she was banned from Australia. 

Free Speech Union Chief Executive Jonathan Ayling says they think the Crown has acted unlawfully. 

"Yes, we'll definitely take them to court - we're going to appeal to the Immigration Minister first though, and any associate Immigration Ministers. Chris Penk is the one who deals with appeal cases like that."

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Episode Transcript

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Speaker 1 (00:00):
Now, as we've discussed, Immigration has banned controversial American commentator
Candace Owens from doing her plans speaking to her in
this country. Their reasoning is because she has been banned
by Australia, they have to ban her from here as well.
The Free Speech Union doesn't buy that, and the boss,
Jonathan Aling is with us.

Speaker 2 (00:16):
Now, Hey Jonathan, good afternoon, Heather.

Speaker 1 (00:19):
They say they've got no discretion. Do you not buy that?

Speaker 2 (00:22):
Look? Section fifteen of the Immigration Act does require them
to exclude them, but that's if Candae Owens has committed
a crime of imprisonment of up to five years, or
has been deported from the country or something like that.
That does apply whatsoever here. She applied for a visa,
wasn't given that in Australia.

Speaker 1 (00:42):
Let me just get this right. So you're saying the
only point at which we have to ban somebody that
Australia has banned is if they've committed a serious crime
or been deported.

Speaker 2 (00:51):
There's a couple of technical definitions there, and so that's
what our legal team is getting into. And the conclusion
that they've come up with is that the this threshold
has not been met here, and really Immigration New Zealander
is looking for a reason to be able to say
it's out of our hands, we can't do anything about it.
In reality, they absolutely can.

Speaker 1 (01:11):
So are you serious about your legal action?

Speaker 2 (01:15):
The more we look at this, the more we look
like the Crown Immigration New Zealand here has acted unlawfully.
And yes, we're definitely taking them to court. We're going
to appeal to the Immigration Minister first though, and the
Associate Immigration Minister, Chris Pink, is the one who deals
with the pel cases like that. For the most part.
I think Chris Pink has a clear head on him

(01:36):
and I think he's a strong pre speech advocate. I
hope you see sense on this one.

Speaker 1 (01:41):
Is are you able to appeal to him on Candace
Owen's behalf or does Candace Owens have to do the appeal.

Speaker 2 (01:48):
We're working with her people in Australia right now and
so we're in communications and that's what we're hoping to
do before the end of the week. Otherwise next week
let's see them in the High Court. I mean, I
think the stand that's been set here is just incredible.
If the Iranians don't like someone Rushdi, do we now
have to shut him out as well. I mean, at
what point do we get to make these decisions for ourselves,

(02:10):
especially considering we know the very essence of the reason
the decision was made in Australia by her was because
they said we don't like her opinions. I just think
it's patently a terrible path to go down where governments
and even worse, government officials get to choose what opinions
we get to hear.

Speaker 1 (02:27):
Are you doing this because you, Jonathan, really are desperate
to go along to her event or is it because
of the principle of free speech.

Speaker 2 (02:34):
I'm really glad you asked that, Heather, because while others
may not like me saying this, I have very little
time for Candice Owens. I don't find her particularly compelling,
and the fourther she's gone on, the more distasteful she's gone.
And I didn't think she was all that that sharp
to start with, and it's gone, We'll gotten worse from there.
This is absolutely the principle that eventually someone who I

(02:55):
do really respect, who I do think is really insightful,
eventually a government at some point in the future will
want to lock them out as well. And I need
to have stood on the principal grounds now in order
to be able to call it out then as well.

Speaker 1 (03:06):
Jonathan, thanks for talking to us through to appreciate it.
Jonathan ailing, the boss of the Free Speech Union. For
more from Heather Duplessy Allen Drive, listen live to News
talks ' b from four pm weekdays, or follow the
podcast on iHeartRadio
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