Man facing deportation to Nauru finds interim reprieve in the courts
In November 2024, brutal laws were passed providing the Australian Government with power to remove people to a third country, regardless of their length of residence or their personal circumstances. It was announced last week that the Albanese Government had negotiated an agreement with the Government of Nauru to receive such people in exchange for payment.
A refugee facing removal to Nauru, being supported by the Refugee Advice & Casework Service (RACS) and pro bono lawyers, commenced proceedings seeking to remain in Australia whilst the Court considers whether the cancellation of his visa was lawful. The Court today has ordered that the Minister be prevented from removing him until it has the opportunity to consider this case further. Our client will no longer face imminent removal to Nauru as the Court continues to hear his matter, likely within the fortnight.
The Australian Government has the power to remove any person without a visa to a third receiving country without any consideration of their family or community links, protection obligations or the impact on their lives in that new country.
Sarah Dale, Centre Director & Principal Solicitor of RACS, said:
“It is incredulous after everything we have seen, heard, witnessed that we would continue to exile people to Nauru, without any consideration of the harm they may face there, including to their physical and mental health.”
“It is deeply alarming that Australia would engage in such a process as to remove a person, seemingly permanently and without hope, to a place that is not their home, to a place without any semblance of their supports. It is shameful that we continue to be world leaders in new ways of curtailing the rights of refugees and migrants in this country.”
“These laws were introduced three months ago with barely a week of any scrutiny. Now we are looking to remove people to Nauru, under these powers, within a week of hearing from the Minister. We haven’t seen the detail of the agreement between Australia and Nauru, at what cost this horror comes. The Courts have reiterated people must have access to due process and be afforded the opportunity to be adequately heard – despite the haste of the Minister.”
“The evidence is clear, this will be a dark precedent if Australia is able to proceed with its intent on expelling people from our country in such a troubling way. Whilst a timely relief for this man, we are not yet spared from these harmful powers.”
###
Media enquiries: media@racs.org.au
