High Court challenge launched for man facing deportation to Nauru

Legal proceedings have today been filed for a man scheduled to be deported to Nauru on Monday, in the first exercise of the Albanese Government’s new third country deportation powers.

The case, commenced in the High Court of Australia, argues that the decision to cancel the man’s protection visa was made unlawfully and he should remain in Australia while the visa review process continues. 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 agree to receive people deported by Australia in exchange for payment.  

The man is seeking urgent interim orders to restrain the Government from removing him to Nauru while the case continues.  

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

“No one should be permanently exiled to a country that is not their home. Ripping people from their lives and stranding them offshore is a cruel, lifelong punishment. 

“If carried out, these deportations could set a dangerous precedent for the kind of treatment refugees and migrants are subjected to, both in Australia and around the world.  

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

"Migrants and refugees previously forcibly sent to Nauru by the Australian Government have suffered violent attacks, medical neglect and widespread discrimination. Every person deserves to live in safety and dignity. Our rights are the same, no matter our visa status." 

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