The visit of anti-trans activist Kellie-Jay Keen can go ahead, the judge rules

A court order has not stopped anti-trans rights activist Kellie-Jay Ke from entering New Zealand.

Keen’s entry for speaking engagements in Wellington and Auckland this weekend was in doubt after a rally in Melbourne erupted into clashes between LGBTQI+ activists and some of her supportersseveral of whom threw the Nazi salute.

The lawyer for three Rainbow and transgender community groups, Tiho Mijatov, told Judge David Gendall that the case was not just about a clash of opinions.

It was about the likely threat or risk to public order, he said.

But the judge gave a brief justification for his decision, saying the application should be rejected for largely technical and procedural reasons.

He said he was very sympathetic to the application and public policy issues were clearly raised. It bothered him that Keen hadn’t had the opportunity to be represented at the trial.

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The judge will later give the full motivation in writing.

Mijatov had said, “This is about the likely damage that the minister will inflict on the transgender community [of immigration] wrongful decision.”

Part of the Aliens Act 2009 said that no visa or entry permit could be issued, or that no visa exemption would apply, including for a person whom the minister had reason to believe was likely to pose a threat or risk to public order, under Others.

He said Auckland Pride CEO Max Tweedie presented evidence from online messaging platform Telegram that far-right and neo-Nazi groups were planning to attend Keen’s rallies in New Zealand.

Mijatov said it went beyond a situation of being offended, or being upset or even really upset. It began to disrupt social cohesion and public order.

There was evidence that the American group The Proud Boys, recognized as a terrorist group in New Zealand, supported Keen’s views.

The British national founded the group Standing for Women and describes herself as a campaigner for women’s rights with no political affiliations.

She was reportedly due to arrive in the country later on Friday and was not represented at the hearing on her visit. Mijatov said it was the minister’s decision, and the evidence on which it was based, that was the target of the lawsuit, not Keen.

The attorney for the minister and MBIE, Aaron Martin, said he was not representing Keen or defending her views. The decision on Keen’s entry was made by a ministerial deputy, not the minister himself, although he could have intervened if he had wished.

The decision maker was not satisfied that there was a risk to public order, and events would likely continue without Keen. He had a police assessment of Keen’s intended visit.

The New Zealand Free Speech Union was allowed to comment on the matter. Lawyer Nicolette Levy, KC, said it had campaigned for Keen to enter New Zealand.

The union did not take a position on its positions, but it put forward a position that had not been debated in New Zealand until recently, Levy said.

The Free Speech Union said, let her say what she wants to say and let others say what they want to say in opposition, Levy said.

Immigration Secretary Michael Wood previously labeled her views as ‘abhorrent’ and the groups she was linked to as “despicable”.

However, Immigration NZ chief executive Richard Owen said on Wednesday there was no reason to believe that Keen, also known as Posie Parker, posed a risk to “public order or the public interest”.

New Zealand Gender Minorities, InsideOUT Kōaro and Auckland Pride asked the High Court for a judge to review that decision. They also wanted a preliminary injunction to prevent Keen from entering the country until the case is decided.

The groups believed her presence in Aotearoa “posed a significant threat to public order and a risk to the public interest,” as set out in Section 16 of the Immigration Act, said Ahi Wi-Hongi, executive director of Gender Minorities Aotearoa and spokesperson for the groups. .