A legal not-for-profit organization has confirmed it will challenge efforts to deport a man from Australia to Nauru in the High Court.
The man is one of three individuals currently in immigration detention, awaiting transfer to Nauru, a small Pacific island nation. Home Affairs Minister Tony Burke revealed on Sunday that the government had made a payment to Nauru to accept these detainees.
Mr. Burke expressed his expectation that the legality of the payment, which is the first under newly passed laws, would be contested.
The Human Rights Law Centre (HRLC) announced on Friday that it had initiated legal proceedings on behalf of the man, seeking urgent interim orders to prevent his removal to Nauru while the case is ongoing.
The three men belong to the NZYQ cohort, a group of non-citizens detained indefinitely due to perceived risks to community safety but unable to be deported. Many members of the cohort have criminal backgrounds, including one of the three men, who has a prior conviction for murder.
In 2023, the High Court ruled that the indefinite detention of this cohort was unlawful, leading to their release into the community. In response, the government introduced new laws to monitor members of the cohort with ankle bracelets and curfews, though these measures were also challenged in court.
The government also passed laws granting immigration officials enhanced powers to facilitate deportations, including paying foreign countries to accept ex-detainees.
As part of this strategy, Nauru approached Australia with an offer to take in some of the NZYQ cohort in exchange for an undisclosed payment. The three men currently in detention are the first to be offered long-term visas by Nauru.
The government hopes to extend this arrangement, allowing Nauru to accept more individuals from the cohort of over 200 ex-detainees, many with violent criminal records. It argues that with the possibility of deportation to Nauru, the group can be returned to detention until they can be formally removed from Australia.
Mr. Burke expressed confidence in the legality of the government’s actions. “The parliament considered all relevant precedents when we passed these laws,” he said. “There are more legal cases against the immigration minister than any other minister in the government. We will approach this case from a strong position.”
HRLC’s associate legal director, Laura John, criticized the potential deportations, calling them “cruel, lifelong punishment” and a dangerous precedent for the treatment of refugees and migrants. She added, “No one should be permanently exiled to a country that is not their home.”
John also emphasized the risks associated with deporting people to Nauru, citing previous reports of violence, medical neglect, and discrimination against those sent there. “Every person deserves to live in safety and dignity, no matter their visa status,” she said.
The outcome of the High Court challenge could have significant implications for Australia’s immigration policies, particularly for the treatment of refugees and migrants.