The Federal Government wants to pass legislation to move former immigration detainees to an offshore detention centre in Nauru.
On Friday, Home Affairs Minister Tony Burke visited Nauru to sign a $400 million deal to relocate those released following a 2023 High Court ruling that indefinite immigration detention was illegal.
Asylum seeker advocates, the Greens, and independent MPs have strongly opposed the legislation, calling it “rushed, reckless, and dehumanising”.
The Opposition said it will support the bill, which will face a Senate inquiry.
NZYQ decision
In November 2023, the High Court ruled it is illegal to indefinitely detain a person in Australia.
The decision related to a case about a Rohingya refugee born in Myanmar, legally identified as ‘NZYQ’, who couldn’t return due to fear of persecution. The man had been convicted of child sexual abuse and served a prison sentence.
The High Court found it is illegal to detain people indefinitely if their visas have been cancelled because of a criminal conviction, while they also have no prospect of going anywhere else.
NZYQ and more than 300 others in similar circumstances were released.
The Government passed laws to impose conditions on those released.
This included electronic ankle monitoring and curfews at night.
There was another legal challenge in the High Court over the validity of these conditions.
Earlier this year, the Federal Court heard a case where the Government had applied for three people affected by the NZYQ decision to be relocated to Nauru.
Nauru
Nauru is an island country home to 12,000 people. Its total land area is 21 square kilometres.
Australia has been engaging Nauru in high-level talks about deporting the NZYQ cohort to the country.
The Government has previously pursued offshore settlement options in Nauru, which it calls “third country reception arrangements”.
Offshore detention facilities have also been set up on Papua New Guinea’s Manus Island, among other places.
Burke trip
Last week, Home Affairs Minister Tony Burke signed a “memorandum of understanding” (MOU) with Nauru to resettle the NZYQ cohort. While not legally binding, MOUs lay out the terms of a deal.
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Without revealing the details of the plan, Burke said in a statement: “Undertakings for the proper treatment and long-term residence of people who have no legal right to stay in Australia, to be received in Nauru.”
The statement added that this group of people would be given “long term visas” to stay in Nauru.
Nauru’s President David Adeang confirmed the deal would hinge on funding provided by Australia.
Nine newspapers obtained a copy of a parliamentary transcript of Adeang, revealing Australia would pay an upfront cost of $408 million.
Australia would then commit to providing Nauru $70 million a year.
The funding would be made available once the first members of the NZYQ cohort are in Nauru.
Legislation
The Government has introduced legislation that would stop anyone who has been resettled from legally challenging deportation on the grounds of procedural fairness.
This idea underpins the court system: impartial decision-makers and right to a fair hearing.
Burke told Parliament it would only apply “where noncitizens who are on a removal pathway have had all claims to remain in Australia considered and rejected.”
Opposition
Shadow Home Affairs Minister Andrew Hastie said the Coalition would support the bill’s “urgent” passage.
“People with no legal right to be here will be removed as soon as possible,” Hastie told Parliament.
He accused the Government of having “botched” the immigration system.
A Senate inquiry will look at the details of the bill, which Hastie said the Coalition will use to “ensure there are no mistakes or unintended consequences”.
Reaction
Refugee Council of Australia CEO Paul Power wrote to MPs and Senators urging them to reject the bill.
“Many have Australian family members who fear that they will never see their loved ones again if they are forced to Nauru,” Power wrote.
Independent MP Monique Ryan called the bill “a mandate for injustice, paid for with our national reputation and conscience.”
