The Albanese Government’s decision to forcibly detain and deport people to Nauru is a blatant attack on the human rights of people seeking protection.
Amnesty International Australia condemns this cruel move which attempts to circumvent High Court rulings that prevent the ongoing detention of people seeking asylum. By arranging for Nauru to issue visas to individuals in Australia owed protection, the Government has effectively created a back-door deportation scheme—one that sends a dangerous precedent and undermines Australia’s legal and moral obligations to refugees and people seeking asylum.
This new arrangement with Nauru is based on a law passed at the end of 2024, allowing the Government to deport people to third countries where they may have no protection from detention or deportation. Nauru, not being a signatory to the 1951 Refugee Convention, has no legal obligation to provide safety, resettlement assistance or basic protections for these individuals.
Amnesty International Australia supports UNHCR’s longstanding position that transfers to safe third countries are only appropriate if key protections—such as non-refoulement and human rights obligations under the Refugee Convention—are met.
This latest decision continues a pattern of disregarding fundamental human rights, failing once again to provide vulnerable individuals with the protections they are entitled to under international law.
The Australian justice system is fully equipped to handle individuals convicted of crimes. Yet this policy disproportionately punishes people based on their visa status rather than established legal processes, effectively extending their indefinite detention elsewhere while disregarding human rights and judicial oversight.
Zaki Haidari, Amnesty International Australia’s Refugee Rights Campaigner, says:
“After everything these individuals have endured—the trauma, the health struggles, the fear of persecution—the absolute last thing they should face is deportation.”
Zaki Haidari, Amnesty International Australia’s Refugee Rights Campaigner
“After everything these individuals have endured—the trauma, the health struggles, the fear of persecution—the absolute last thing they should face is deportation.
“This decision sets a dangerous precedent for future policies that could see more people removed without proper safeguards. The Labor government must put an immediate stop to these deportations. “Australia must uphold its international obligations, ensure humane resettlement pathways, and guarantee that no refugee or asylum seeker is placed at further risk of harm.”
Background
Under the new law, Australia can make arrangements with any third country to issue visas to people seeking protection in Australia. Australia can then detain and deport people to these countries. The Government is empowered to reverse protection findings to do so. The law does not require the third country to have human rights protections, or to be a signatory to the 1951 Refugee Convention. This means people will be at risk of being detained and returned to their home country where they fear persecution. Amnesty International condemned the new laws when they were introduced.
Australia has a documented history of arbitrarily detaining people who sought protection, including minors, in offshore facilities on Nauru, where many have suffered harm and severe health issues due to indefinite detention and appallingly cruel conditions. The United Nations special rapporteur on torture has repeatedly found that Australia’s detention of people on Nauru constitutes systematic violations of the International Convention Against Torture.
The NZYQ High Court Decision
This decision directly impacts members of the NZYQ cohort—a small group of individuals whose visas were cancelled or refused, yet who cannot be removed from Australia due to statelessness, being owed protection, or other legal barriers (such as health conditions or a home country’s refusal to accept their return). In 2023, the High Court ruled that indefinite detention is unlawful unless it serves a legitimate, non-punitive purpose. Some members of the NZYQ cohort have past criminal convictions but have already served their sentences. Instead of applying a fair and legal process, the Government is now seeking to continue their indefinite detention offshore.
