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Decision To Bar Candace Owens From Entry Into New Zealand Arguably Unlawful: Action Pending
Immigration New Zealand claims that since section 15 of the Immigration Act requires them to exclude individuals who have been excluded from Australia, they have no discretion in the case of Candace Owens (whose visa was rejected in Australia last month). However, we do not believe Immigration New Zealand is applying an accurate interpretation of ‘exclusion’. We are preparing to take legal action against the Crown to defend Kiwis' freedom of expression rights. This includes the right to hear others' opinions (whether they agree with them or not), says Jonathan Ayling, Chief Executive of the Free Speech Union.
“Section 15 of the Immigration Act refers to individuals who have been convicted of serious crimes with imprisonment of more than five years. The de facto exclusion applies most frequently to individuals who are deported or removed from another country. It is not the same thing, to be refused entry as to be excluded, and Immigration New Zealand should know this.
“Owens’ exclusion appears to come as a result of technicalities of law, not an explicit decision by officials. However, the fact that some, such as Young Labour, have already been calling on Immigration New Zealand to refuse Owens entry, they needed to be more certain of the legal requirements in order to avoid the perception of political partiality.
“A sophisticated country is able to deal with opinions that some find controversial, distasteful, or even dangerous. The most mature way to deal with these views is to challenge and rebut them, not to exclude them from the conversation. History is replete with examples where individuals sought to censor the most dangerous ideas, not challenge or rebut them. This has frequently been an especially costly mistake.
“We have written to Chris Penk, calling on him to exercise his discretion and allow Candace Owens entry. There is no reason to think that Candace Owens poses any threat to Kiwis other than forcing them to consider perspectives some deem controversial.
"We believe Kiwis are up to the task of thinking for themselves."
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