NextFin news, Australia's government proposed new legislation on Tuesday in Canberra that would allow the removal of procedural fairness protections for non-citizens facing deportation to third countries, including Nauru. The bill, introduced by Home Affairs Minister Tony Burke, aims to expedite deportations by suspending natural justice rules in cases involving "third country reception arrangements."
The proposed law targets non-citizens who have exhausted all legal avenues to remain in Australia and for whom removal is the only remaining legal outcome. Burke stated the law's purpose is to "give effect to removal as swiftly and effectively as possible," emphasizing that affected individuals would have already had access to visa application processes, merits review, judicial review, and ministerial intervention opportunities.
However, the bill does not remove procedural fairness rights related to visa cancellations or refusals. The government is currently seeking to deport three men released following the landmark "NZYQ" High Court decision to Nauru under a resettlement deal, but their removal has been stalled since February due to ongoing court challenges.
Human rights groups sharply criticized the legislation on Thursday. Sanmati Verma, legal director at the Human Rights Law Centre, told SBS News the bill would deprive people of fair notice and the opportunity to make their case before deportation, potentially exposing them to prison if they fail to comply. She warned that removing procedural fairness could result in individuals being "banished" without consideration of their health, protection needs, or personal circumstances.
Sarah Dale, principal solicitor at the Refugee Advice and Casework Service, expressed concern about the bill's retrospective criminality provisions, which could criminalize actions that were not offenses when committed. She cited a case where flawed legal proceedings affected a man's deportation ability, calling the government's legislative response "incredibly alarming."
Jana Favero, deputy CEO of the Asylum Seeker Resource Centre, described the legislation as setting a "dangerous precedent" and part of a broader pattern of restricting vulnerable people's rights under the Albanese government. She emphasized the importance of allowing all individuals to exhaust their legal avenues.
Opposition leader Sussan Ley criticized the bill as "rushed, secretive and chaotic," noting the Coalition was briefed only on the day of its introduction. She condemned the government's approach to national security policy as inappropriate.
The United Nations has also urged Australia to halt the deportation of one man to Nauru while investigating a complaint regarding potential human rights violations. The UN's Human Rights Committee requested the government delay the removal amid concerns about access to medical treatment, family separation, risk of violence, and possible deportation from Nauru to Iraq, where the individual faces persecution risks.
The government passed related laws last year granting immigration officials expanded powers to facilitate deportations, including paying other countries to accept non-citizens. The current bill represents the first test of these strengthened powers.
SBS News and ABC News have contacted the Department of Home Affairs for further comment.
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