Australia‘s Offshore Processing Regime Intensifies with Passage of New Law
CANBERRA - A new law granting the Australian government expanded powers to deport non-citizens convicted of crimes has passed Parliament, sparking condemnation from human rights advocates who warn it signals a deepening of the country’s controversial offshore processing regime. The legislation, critics say, effectively removes natural justice and the right to fairness for individuals subject to deportation to Nauru.
The passage of the law follows a recently announced agreement with Nauru, committing Australia to an upfront payment of $408 million, plus $70 million annually for the next 30 years – totaling over $2.5 billion.This financial commitment equates to approximately $7 million per person if the current cohort of 354 individuals are transferred to Nauru for indefinite relocation, despite having no prior connection to the island nation.
The arrangement lacks provisions for autonomous monitoring of transferred individuals and fails to address concerns raised in 2023 regarding corruption and financial impropriety linked to Australia’s previous multi-billion dollar agreement with Nauru. Concerns are also mounting over Nauru’s capacity to provide adequate healthcare and ensure the safety of those transferred, with recent reports detailing medical evacuations for treatable conditions, including dengue fever outbreaks anticipated in July 2025.
The law overrides due process for individuals who have already served their sentences, denying them the possibility for rehabilitation and reintegration into the community - treatment afforded to australian citizens who have interacted with the justice system. Human rights groups argue the legislation entrenches a punitive system at significant human and financial cost.