Addressing Home Affairs’ troubling policy of blocking Israeli visas

“When people stop talking, that’s when you get violence, that’s when civil war happens…” – Per the late Charlie Kirk. 

October 7, 2023 marked a turning point for Australian Jewry. However, what many could not anticipate is the increasing suppression of free speech by government members such as Tony Burke.

Presenting a perspective on Israel that opposes Tony Burke’s views will almost certainly now mean he will shut you out of the country.

Three times in the past year he has cancelled the visas that had been duly granted to prominent Israelis who had been invited to Australia by significant Jewish organisations; and on each occasion the cancellation was at the last minute – just as the person was about to leave Israel for Australia; and on each occasion the cancellation was on the grounds that the person would or might be, a risk to the health, safety or good order of the Australian community or a segment of the Australian community.

At the same time, radical Islamists calling for the destruction of Israel and Jews generally have been waived in with ease.

Mr Burke, quick to assure the Australian Press (Nine Newspapers) he “really doesn’t care about receiving criticisms on freedom of speech. Like [sic] do not care”, proudly touted that his government was “blocking visas for potentially divisive visitors at an unprecedented rate”.

The first example was former Interior and Justice Minister, Ayelet Shaked, whose entry to Australia was denied in November 2024, although she had visited in early 2023.

Then Israeli-American tech entrepreneur and pro-Israel influencer, Hillel Fuld had his previously approved visa cancelled in June 2025. Fuld was scheduled to speak at Magen David Adom fundraising events to raise money for humanitarian purposes: the very essence of “social cohesion”.

The final straw was when Israeli MK Simcha Rothman was granted a visa on August 8, 2025 to enter Australia on a speaking tour organised by the Australian Jewish Association (AJA).  On August 18, 2025, the day of departure, he was notified his visa was revoked – on the grounds that his presence in Australia would or might be a risk to the health, safety or good order of the Islamic community.

But that ground is not only entirely ill-founded – it is absurd, irrational and false; it is unsupported by any cogent or relevant evidence; it is based upon the notion that it is inflammatory to call for the elimination of Hamas, or to assert that Israel has a right to sovereignty over its ancestral homeland, or to deny that Israel is committing atrocities against Palestinians and Gaza during the current conflict.

Enough is enough. The Minister is impermissibly seeking to burden the implied freedom of political communication contrary to the Australian Constitution; and he is doing so in a manner that is discriminatory and inconsistent with the principle of equality.

For the good of the community, it is time to fight back – to protect our legal rights. It is for that reason that Warlows Legal and Mr Mark Friedgut of counsel are acting for Mr Rothman and the AJA.

If we do not fight for ourselves, who will fight for us; and if not now, then when?

Harriet Warlow-Shill is principal of Warlows Legal.