Criticism Arises Over $400 Million Agreement with Nauru for Deportation of Former Detainees

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The Greens and refugee advocates have criticised a multi-million dollar agreement between Australia and Nauru, paving the way for non-citizens who have had their visas cancelled on character grounds to be deported to the Pacific nation.

Australia has committed an upfront payment of $408 million as part of the deal, with an additional $70 million each year to cover ongoing costs.

On Friday, Home Affairs Minister Tony Burke met with Nauru President David Adeang, along with the cabinet and the Nauruan parliament.

A memorandum of understanding was signed during the meeting, containing “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,” according to a statement on the Home Affairs website.

Members of NZYQ cohort included in agreement

Burke and Adeang referred to “further long-term visas to be granted by Nauru to people who no longer have a legal right to remain in Australia” — and that it would allow for the “continued management of the NZYQ cohort”.

That decision led to the immediate release of around 150 immigration detainees, with another 130 released since. Some of the group had serious criminal convictions, while others were in immigration detention for visa issues.

Tony Burke, wearing a black suit, white shirt and blue tie.

Tony Burke said “anyone who doesn’t have a valid visa should leave the country” in comments released alongside the statement. Source: AAP / Mick Tsikas

Members of the group could not be deported to their home countries as they faced persecution or harm, and no other country would accept them.

The government passed new migration laws last year that would, among other things, allow non-citizens to be deported to third countries.

Nauru would grant long-term visas to the cohort under the arrangement, opening the door to Australia circumventing the High Court ruling that immigration detainees couldn’t be held in detention indefinitely if there was no prospect of their removal.

The statement said Australia would provide funding to “underpin this arrangement and support Nauru’s long-term economic resilience”.

SBS News asked for further information about the deal and were directed to the statement posted on the Home Affairs website.

“Anyone who doesn’t have a valid visa should leave the country,” Burke said in brief comments alongside the statement.

“This is a fundamental element of a functioning visa system.”

Government pushing to waive procedural fairness for non-citizens

The deal comes after the government proposed legislation earlier this week that would allow it to waive the requirement of procedural fairness for non-citizens facing removal to a third country.

The proposed changes would suspend the rules of natural justice for decisions involving “third country reception arrangements” in Australia, meaning the government would no longer be required to provide a fair hearing or consider individual circumstances when deporting non-citizens to those countries.

At the time, Burke said that, while procedural fairness was a “fundamental principle in many areas of decision-making”, non-citizens were using those provisions to “frustrate their removal”.

“These provisions are primarily directed to non-citizens who have exhausted all legitimate avenues to remain in Australia and for whom removal is the only remaining outcome under Australian law,” Burke added.

The laws are expected to be pushed through parliament in the coming week.

At the time, Adeang said the three men had “served their time” in Australian prisons and were no longer subject to any punishment. They were granted 30-year visas and the right to settle and work in Nauru.

The government described the three people as violent offenders. That has been stalled since February amid legal challenges.

Earlier this month, the United Nations urged Australia to halt the deportation of one of the trio so it could investigate the human rights implications of his case.

Greens senator, refugee advocates condemn policy

Greens senator David Shoebridge, the party’s immigration spokesperson, criticised the agreement as a “deeply immoral and unworkable policy”.

“The Albanese government cannot in decency condemn far-right anti-migration hatred on one hand, while forcing through some of the world’s most anti-migrant policies on the other,” Shoebridge said in a statement.

Shoebridge said Adeang had signalled he wanted to send people forcibly removed from Australia to their countries of origin.

The exterior of the High Court of Australia, with a small sign out front reading "High Court of Australia".

The High Court of Australia ruled that indefinite immigration detention was unlawful in 2023. Source: AAP / Mick Tsikas

“This includes countries like Iran and Afghanistan, where anyone returned may well face a death sentence,” he said.

“At a time when we should be building partnerships in the Pacific based on equality and respect, the government is instead forcing our smaller neighbours to become 21st-century prison colonies.”

Shoebridge said the government is “now actively seeking law changes to suspend people’s right to natural justice”.

“When the only way to make your policy work is to remove the fundamental building blocks from the legal system, that’s an indication of how extreme Labor has become.”

Refugee advocates also criticised the decision on Saturday in a joint statement.

“These secret deals send one clear message — in Australia, some people will be punished simply because of where they were born,” said Jana Favero, deputy chief executive of the Asylum Seeker Resource Centre.

“This deal is discriminatory, disgraceful and dangerous,” she added. “The Albanese government has launched yet another attack on migrants and refugees. An attack that will result in the most significant of outcomes — mass deportation.”

Sarah Dale, centre director and principal solicitor at the Refugee Advice and Casework Service, said that the UN had earlier this year found the Australian government “could not outsource their obligations to Nauru” and had “breached the human dignity of those it sent there”.

“It’s extraordinarily alarming, some months later, the government proposes to send even more people warehoused offshore in yet another secret backdoor deal.”

— With additional reporting by the Australian Associated Press