The Refugee Council of Australia (RCOA) is alarmed that the Australian Government has struck a deal with Nauru to begin implementing draconian new legislation it passed to thwart a High Court decision which set limits on indefinite immigration detention.
Under its latest deal with Australia, the Government of Nauru has agreed to issue 30-year visas to three people who had been released from long-term detention as a result of the 2023 High Court NZYQ decision, which found that the Government had no constitutional basis for continuing to detain non-citizens with no prospect of removal to another country.
Legislation passed by the Australian Parliament in December, along with the 2024 High Court ASF17 decision, gives the Government the power to continue to detain a non-citizen with no valid visa if they refuse a third country option when safe return to their country of origin is not possible. This agreement with Nauru means that these three individuals, who have completed sentences for past offences, now face either the prospect of indefinite detention in Australia or exile to Nauru.
The lack of clarity around what these individuals face on Nauru, including the possibility of indefinite exile, is of particular concern and flies in the face of the NZYQ decision. As we have consistently stated, indefinite detention, whether onshore or offshore, is both unjust and a violation of international law.
Australia cannot continue with this practice and absolve itself of any human rights abuses. Last month, the UN Human Rights Committee highlighted the major human rights violations in Nauru and ruled that Australia must take responsibility for people seeking asylum who are re-directed to Nauru.
The landmark ruling specifically mentioned that “a State Party cannot escape its human rights responsibility when outsourcing asylum processing to another state.” This is exactly what Australia is continuing to do.
RCOA CEO Paul Power says this move also has the ability to be much more far-reaching, and could have implications for non-citizens well beyond those released as a result of NZYQ decision.
“The Australian Government must recognise the profound and lasting harm that offshore detention continues to cause. By sending people to Nauru, they are not only violating basic human rights, but also undermining Australia’s international commitments to human dignity and fairness.”
RCOA calls for the government to urgently reconsider this agreement and take immediate steps to align its policies with international law and human rights standards, as outlined in the UN report.