Right: a "leaked" photo of Rhianna after Chris Brown was charged with assault.
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Arguments supporting the denial of an entry visa to Chris Brown
1. Chris Brown's character disqualifies him from entering Australia
Under section 501(1) of the Migration Act, the Immigration Minister may refuse to grant a visa to a person seeking entry to Australia. This section makes it possible to disallow a visa if the applicant does not satisfy the Minister that he or she passes the character test.
One of the grounds on which an applicant can be judged not to have shown good character is if he or she has a 'substantial criminal record.'
In 2009, Chris Brown was found guilty of assault against his then-girlfriend Rihanna, and sentenced to five years probation and an initial thousand hours of community service.
On September 30, 2015, writing in the New Zealand community blog, Public Address, Russell Brown outlined the nature of Chris Brown's offence. Russell Brown stated, 'Brown was convicted of felony assault in 2009 on the basis of a police statement that describes a vicious and prolonged attack on his then-girlfriend - biting, strangling and a "barrage" of punches that "caused Robyn F.'s mouth to fill with blood and blood to splatter all over her clothing and the interior of the vehicle." He told her he was going to kill her and it ended only when he fled after someone heard her screaming and called the police.'
Russell Brown went on to demonstrate that Chris Brown's conduct since his offence has remained highly problematic. Russell Brown explained, 'Probation did not go well. In 2011, he "went berserk" after a challenging Good Morning America interview. The following year, he was part of an ugly nightclub brawl in which a number of bystanders were injured. The next year he punched and threatened to kill Frank Ocean in a dispute over a parking space, also verbally abusing Ocean, who had recently come out, as a "faggot".
In 2013 his lawyers negotiated him out of a hit and run charge after an incident in which he was described as highly aggressive and calling the victim a "bitch". In the same year, he launched an unprovoked attack on two men who had tried to join in a fan photo with him, shouting "I'm not into this gay shit, I'm into boxing."'
As a culmination of this pattern of aggressive and violent behaviour, Chris Brown was eventually sentenced to a prison term. Russell Brown details what occurred after Chris Brown was evicted from one rehabilitation facility to which he had been sent as a result of his violent behaviour, 'A judge committed him to another rehab facility, warning that if he left that one he would go to jail. He was kicked out of that one too. And was thus duly sentenced to a year's jail, less the time spent in rehab, and eventually served only half of that time because California's jails are overcrowded with non-violent drug offenders.'
Supporters of Brown being excluded from Australia argue that his pattern of violence and his initial conviction for serious assault against his former partner make him a potential public menace and an unsuitable person to allow into this country.
On September 24, 2015, the federal Minister for Women, Michaelia Cash, stated, 'People need to understand, if you are going to commit domestic violence and then you want to travel around the world there are going to be countries that say to you "You cannot come in because you are not of the character that we expect in Australia".'
2. Admitting Chris Brown into Australia would appear an endorsement of domestic violence
Proponents of Chris Brown being denied entry to Australia argue that the offence of assault against a woman is a very prevalent one in this country and that it is therefore particularly inappropriate for Australia to admit a high profile entertainer with a history of domestic violence.
In an opinion piece published in The Courier Mail on September 27, 2015, David Penberthy stated, 'In the past few weeks, this country has seen some jaw-dropping cases of the most extreme and sinister violence against women. The death toll for female victims of domestic violence for the year to date in Australia stands at 63, far outstripping the shorthand statistic of an average of one murder a week...
When you consider this year's miserable roll call of wives and girlfriends who are no more, I am really not sure whether our country should be laying out the welcome mat to troubled celebrities with a proven track record of violence against women.'
Those who adopt Penberthy's position argue that allowing Chris Brown and others like him to perform in Australia would create dangerous negative role-modelling. It would imply that Australia is prepared to treat as celebrities young men who have seriously assaulted women. It is claimed that feting men who abuse women sends the message that this crime does not really matter. For some of Chris Brown's followers it might even suggest that the victims of domestic violence deserve the treatment they have received.
The online public protest and lobby group GetUp organised a petition to have the Immigration Minister reject Chris Brown's visa application. GetUp! campaigner Sally Rugg stated, 'Speaking out against Chris Brown has nothing to do with pop music, and everything to do with men's violence against women. If we stand by and do nothing while he performs around the country ... we are implicitly sending the message that if you brutally beat a woman, in a short amount of time you will be forgiven, or even celebrated.'
A recent VicHealth survey has shown an increasing tolerance of violence against women among young people in the 16 to 24 age group. VicHealth CEO Jerril Rechter stated, 'A quarter of young people (26%) agree that partner violence can be excused if the perpetrator regrets it and a further 24% agree that partner violence can be excused if the person is so angry they lose control...
This report shows how far Australia has to go before we fully understand the nature of violence and reject it. Attitudes are learned and can be unlearned.'
Those who want to see public rejection of male celebrities who abuse women claim that this is part of the process necessary to change popular attitudes.
In an opinion piece published in Eureka Street on October 1, 2015, Jen Vuk, who is a freelance writer and mother of two young boys, explained the value that Brown being denied entry to Australia would have as she attempts to shape the values of her sons. Rather than acting as a negative role model, Brown's probable exclusion from Australia allowed her to have a conversation with one of her children about public rejection of violence against women.
Vuk writes, '[I]t feels good to tell my son that Brown will probably not be allowed to enter the country, and I give examples of other "bad men" the country has closed its doors to, such as boxer Floyd Mayweather Jr and Holocaust denier David Irving.
He knows there are bad men are out there. But he's reassured by the news that one more has been stopped from coming our way, for now at least.
3. Chris Brown has shown no consistent signs of remorse or reform
Many of those opposed to Chris Brown being allowed into Australia argue that he has shown no regular signs of regret or remorse for the assault he committed six years ago. They trace what they claim is a long line of self-pre-occupied, unrepentant statements and behaviours which leave many questioning whether Brown has been significantly rehabilitated.
Brown was publicly criticised for holidaying at P Diddy's Miami compound in February 2009 shortly after he assaulted Rihanna. Singer Usher Terry Raymond tweeted at the time, 'C''mon, Chris. Have a little bit of remorse, man. The man''s on Jet Skis? Like, just relaxing in Miami?'
In November 2009, Brown stated during an MTV interview that he was 'confused' that some people wanted to see him in prison for the attack, claiming 'They don't want to see me do anything...they want to see me kind of, basically in jail.'
In November, 2011, prior to temporarily closing his Twitter account in response to questions about his assault of Rihanna, Chris Brown posted, 'I don't say s**t to anybody and everyone feels its cool to attack me. GROWN ADULTS!!!! that s**t happened three years ago!...
People please grow up. I've never dealt with so much negativity in my life! It's to the point now that it's just ridiculous.'
In February 2012 Brown denied allegations that he had said to a woman, 'Can I get your number? I promise I won't beat you!'
Brown suffered criticism in early 2012 for performing and receiving an award at the Grammys - his first appearance at the awards since the attack on Rihanna in 2009. He responded on Twitter with, 'HATE ALL U WANT BECUZ I GOT A GRAMMY. Now! That's the ultimate F*** OFF,' which he then deleted. He later tweeted, 'I'm so OVER everyone's opinion...'
In 2012 Brown also attracted criticism for getting a tattoo of a woman's distorted face on his neck which many claimed was a representation of the widely-publicised police photograph of Rihanna after the assault. (Brown has denied that the tattoo depicts Rihanna.)
In 2013, the Los Angeles district attorney also stated there was some evidence to suggest that Chris Brown had lied in his community service reports, claiming, for example, to have been picking up litter in his home state of Virginia when he was actually travelling to Cancun on his private jet.
4. Other public figures have been denied entry to Australia on similar grounds
Proponents of Chris Brown being denied entry to Australia argue that similar action has been taken against other public figures who either have a significant criminal record or who are judged to pose a threat to public order in Australia.
On February 4, 2015, world champion boxer, Floyd Mayweather, was blocked from entering Australia on the grounds of his history of violence towards women.
The undefeated professional and multi-division world champion was originally booked for dinner and nightclub appearances in Sydney and Melbourne on January 29 and 30 respectively. These appearances were then deferred to February 5 and 6 and ultimately cancelled when the visa application proved unsuccessful.
Mayweather has a criminal record, which includes serving two months in jail in 2012, after pleading guilty to an assault on his former partner in front of their children.
Assistant Minister for Immigration and Border Protection, Senator Michaelia Cash, 'The Government takes very seriously its role in protecting the Australian community from the risk of harm by non-citizens who engage in criminal conduct and/or conduct that is of serious concern.'
On April 25, 2015, Tony Manfred outlined Mayweather's history of abuse of women in an article published in Business Insider. Manfred stated, 'Since 2002 Mayweather has been accused of violence against women with alarming frequency. He pleaded guilty in two of those incidents, and in another he was convicted only to have the charges dismissed four years later...'
Mayweather does not publicly acknowledge these incidents. When asked about the assault on his former partner, to which he had pleaded guilty, he stated, 'Did I kick, stomp and beat someone? No, that didn't happen. I look in your face and say, "No, that didn't happen."'
In July, 2015 United States rapper Tyler the Creator was also denied a visa to Australia.
On November 7, 2014, Immigration Minister, Scott Morrison, cancelled the visa of Julien Blanc, of the United States group Real Social Dynamics. Blanc describes himself as a 'pick-up artist' and his techniques include manipulation, choking and pulling women into his groin. Blanc was in Australia to run a series of seminars sharing his techniques.
Immigration Minister Scott Morrison stated, 'This guy wasn't pushing forward political ideas, he was putting a view that was derogatory to women and that's just something that our values abhor in this country.'
5. Other nations have refused to grant Chris Brown a visa
Those who argue that Chris Brown should be denied entry to Australia note that a number of other countries have taken this action.
In June 2010, Brown's application for a visa to enter the UK was refused on the grounds of his 'being guilty of a serious criminal offence' due to his assault on Rihanna. Brown had been planning to do a tour of British cities as part of a European tour but Sony stated that due to 'issues surrounding his work visa' the tour was to be postponed.
In February 2015 Brown was denied an entry visa to Canada. Stephane Malepart, a spokesperson for Canada Border Services, indicated that Canada's privacy act prevented him from commenting on any individual case, but did note that several factors are used in determining admissibility, including involvement in criminal activity. Brown's critics have drawn the conclusion that he was denied entry to Canada because of his prior conviction for assault.
There also seems a reasonable likelihood that Chris Brown's tour of New Zealand, slated to take place in December 2015, will not go ahead. Immigration New Zealand spokesperson Marc Piercey confirmed that Brown may be denied entry into the country after he was rejected from entering the United Kingdom in 2010.
Mr Piercey stated, 'If Chris Brown has been excluded from another country he will be ineligible to be granted a visa to enter New Zealand unless given a special direction.'
Brown will have to make a special application to be allowed into New Zealand and the Minister would have to give a special direction to allow the exemption. Under Section 17 of the New Zealand Immigration Act 2009, a special direction is considered if a person who is not eligible for a visa is allowed exceptions.