UPDATE: Australia has officially signed a controversial agreement with Nauru to deport former detainees without valid visas, raising alarm among refugee advocates. Home Affairs Minister Tony Burke sealed the deal during a visit to the Pacific Island nation on Friday, meeting with President David Adeang and officials to finalize the memorandum of understanding.
The deal involves an upfront payment of $408 million to Nauru upon the arrival of the first deportees, followed by annual payments of $70 million for resettlement. This move comes amid a backdrop of significant criticism from human rights organizations, particularly following a United Nations report citing “systematic violations” of the International Convention Against Torture in Nauru.
According to Burke’s statement, the memorandum includes commitments to ensure the proper treatment and long-term residence of people deported from Australia. This agreement allows Australia to navigate around a recent High Court ruling that restricts the indefinite detention of immigration detainees without a clear removal prospect.
The decision to target the NZYQ cohort—individuals who were released from detention in 2023—is particularly contentious. Burke stated, “Anyone who doesn’t have a valid visa should leave the country. This is a fundamental element of a functioning visa system.” However, the Asylum Seeker Resource Centre has denounced the agreement, warning it could enable mass deportations affecting as many as 80,000 people.
Deputy CEO Jana Favero criticized the deal as “discriminatory, disgraceful, and dangerous,” emphasizing that it sends a troubling message about punishment based on birthplace. Legal experts, including Bethany Rose from the Visa Cancellations Working Group, expressed concerns about dismantling crucial legal protections for individuals who have already served their time and reintegrated into society.
In a further development, Burke introduced legislation in the lower house on Tuesday aimed at enhancing the government’s power to deport non-citizens to Nauru. If passed, this legislation would allow the government to bypass natural justice principles in cases where a third-country arrangement exists for deportation. Burke acknowledged that procedural fairness is vital but accused non-citizens of exploiting it to delay their removal.
This new deal builds upon Australia’s previous financial support to Nauru, which included $100 million for budget assistance and $40 million for policing efforts. Critics warn this latest agreement could establish a dangerous precedent in Australia’s immigration policies, leading to swift deportations without adequate legal recourse.
As the situation develops, the implications of this agreement and the legislative changes will be closely monitored by human rights organizations and legal advocates, highlighting a crucial moment in Australia’s handling of immigration and asylum policies.
