Nauru deportation delayed, but fight against new punitive powers continues

The Albanese Government has agreed to delay the deportation of a man to Nauru after he commenced legal proceedings on Friday. 

The case, commenced in the High Court of Australia, argues that the decision to cancel the man’s protection visa was made unlawfully. Within hours of the case being filed, the Minister for Immigration and Multicultural Affairs promised the Court that the man would not be removed from Australia while the case continues. He was one of three people who had been scheduled to face deportation to Nauru on Monday.  He is represented by the Human Rights Law Centre.

In November 2024, the Albanese Government and the Coalition teamed up to pass new brutal laws giving the Government the power to deport any person without a visa to third countries, regardless of their backgrounds or family ties to Australia. Nauru is the first country to agree to receive people deported by Australia in exchange for payment.  

The High Court is expected to review the lawfulness of the visa cancellation decision over the coming months.   

Laura John, Associate Legal Director at the Human Rights Law Centre, said:  

"It is deplorable for the Albanese Government to attempt to banish people from Australia before they have completed their visa review processes.   

“While our client has been given a temporary reprieve, the threat of deportation to a third country has not disappeared. If allowed to continue to use these new powers, the Government could remove any person without a visa to any country in the world, regardless of their family connections or whether they have spent their whole lives in Australia. We must continue to resist this punitive overreach by our government, that in future could affect thousands of people in our community.   

“Deportation to third countries is simply one aspect of the brutal new anti-migrant laws rushed through Parliament last year. These new powers cannot be allowed to create a new, punitive baseline for migrants and refugees. Everyone has the right to safety and basic dignity, no matter what their visa status.”

Media Contact:
Thomas Feng
Engagement Director
Human Rights Law Centre
0431 285 275
thomas.feng@hrlc.org.au