Fourth Individual Granted Nauruan Visa as Australia Proceeds with Deportation Plan
CANBERRA – A fourth member of the group impacted by the High CourtS NZYQ decision has been issued a visa to relocate to nauru, as the Australian government continues to implement its controversial plan to deport individuals with criminal convictions who cannot return to their country of origin. The move comes amidst growing criticism of both the deportation arrangement and new legislation designed to expedite the process.
The deal with Nauru, finalized earlier this year, is estimated to cost around $2.5 billion – exceeding $7 million per person if all individuals in the cohort are ultimately resettled on the Pacific Island nation. Though, Nauruan budget papers indicate the country anticipates “large-scale revenues over the long-term” as the majority of the funds will be deposited into a trust to generate interest.
Approximately 700 individuals are expected to be deported to Nauru, where they will live in the community and will not be re-detained upon arrival. the island nation has a population of roughly 12,000 people. Home Affairs officials have stated the relocation will occur in a “calm and steady way,” according to Clare Sharp, the department’s head of immigration, who told a Senate hearing earlier this month, “We want that to succeed in a way that’s lasting for Nauru, which doesn’t mean moving a really large number of people in one hit.”
The deportations stem from a 2023 high Court ruling concerning the case of NZYQ, which overturned a 20-year precedent allowing for the indefinite detention of non-citizens who could not be returned to their home country. The decision led to the release of hundreds of detainees who had failed character tests but had no viable deportation destination. All had been convicted of crimes, many violent, and had already served their sentences.
The government is bolstering its deportation powers with new legislation that removes the obligation to grant procedural fairness in cases involving third-country resettlement arrangements. A Labor-majority Senate committee recently cautioned that these laws where not “sufficiently” justified in a report following the legislation’s passage through parliament.
Minister for Immigration Andrew burke has defended the laws, stating they are necessary because non-citizens are using procedural fairness provisions to “frustrate their removal” from Australia and that they “primarily” concern individuals who have “exhausted all legitimate avenues to remain in Australia.”
Lawyers, advocates, and crossbench members of parliament continue to fiercely oppose the plan, raising concerns about human rights and the sustainability of the arrangement for Nauru.