The Albanese government has struck a deal to pay Nauru more than $408 million to resettle hundreds of non-citizens affected by the High Court’s landmark NZYQ ruling. The agreement was signed during an unannounced visit by Home Affairs Minister Tony Burke to the Micronesian nation on Friday. ABC reports that under the memorandum of understanding (MOU) signed with Nauru’s President David Adeang, Australia will also provide nearly $70 million annually to cover the long-term resettlement costs of more than 350 people. The group had previously been held in indefinite immigration detention in Aust

The Albanese government has struck a deal to pay Nauru more than $408 million to resettle hundreds of non-citizens affected by the High Court’s landmark NZYQ ruling. The agreement was signed during an unannounced visit by Home Affairs Minister Tony Burke to the Micronesian nation on Friday. ABC reports that under the memorandum of understanding (MOU) signed with Nauru’s President David Adeang, Australia will also provide nearly $70 million annually to cover the long-term resettlement costs of more than 350 people. The group had previously been held in indefinite immigration detention in Australia until the High Court ruled in 2023 that such detention was unlawful for individuals with no reasonable prospect of deportation. Many within the cohort have criminal records, including cases of violent offending, and some have reoffended since their release. A statement cited by ABC as  published on the Home Affairs website, said the deal would enable the “continued management of the NZYQ cohort” and ensure their long-term residence in Nauru. “It [the MOU] contains undertakings for the proper treatment and long-term residence of people who have no legal right to stay in Australia, to be received in Nauru,” the statement read. It added that Australia would provide financial support to “underpin this arrangement and support Nauru’s long-term economic resilience.” The statement, which was not circulated to journalists in the usual way, noted that Burke and Adeang also discussed granting further long-term visas for individuals without a legal right to remain in Australia. Burke was quoted in the release as saying, “Anyone who doesn’t have a valid visa should leave the country. This is a fundamental element of a functioning visa system.” His office declined to provide further comment, instead referring inquiries back to the statement. Lawyers and refugee organisations condemned the deal, raising concerns about its secrecy and impact. Asylum Seeker Resource Centre deputy chief executive Jana Favero criticised the arrangement as wasteful and discriminatory: “This deal is discriminatory, disgraceful and dangerous. The Albanese government has launched yet another attack on migrants and refugees. An attack that will result in the most significant of outcomes; mass deportation.” Sarah Dale, director and principal solicitor of the Refugee Advice and Casework Service, described the move as “extraordinarily alarming.” “Earlier this year, it was found by the UN that the Australian government could not outsource their obligations to Nauru. It’s extraordinarily alarming, some months later, the government proposes to send even more people warehoused offshore in yet another secret backdoor deal.” The agreement comes as the government pushes new legislation through parliament that would remove the requirement to provide procedural fairness to non-citizens facing removal to third countries. Under the proposed changes, natural justice; the right to a fair hearing, would no longer apply where “third country reception arrangements” exist. Introducing the bill on Tuesday, Burke said non-citizens were exploiting procedural fairness to delay their removal at significant cost to taxpayers: “These provisions are primarily directed to non-citizens who have exhausted all legitimate avenues to remain in Australia and for whom removal is the only remaining outcome under Australian law,” he said. “All individuals affected by these decisions will have already had full access to visa application processes, merits review, judicial review and ministerial intervention opportunities.” Refugee groups have warned the legislation could be fast-tracked, with the Coalition expected to support it. Currently, the government is working to resettle three members of the NZYQ cohort in Nauru. However, the process has stalled due to ongoing legal challenges.  

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