Coalition to Back Nauru Amendment to Deport Non-Citizens Despite Secrecy Concerns

Coalition argued that the government’s rushed legislative fixes have been inconsistent but noted tough measures are needed to safeguard the public.

Minister for Home Affairs Tony Burke during Question Time in the House of Representatives at Parliament House in Canberra, Australia on July 30, 2025. AAP Image/Mick Tsikas

Despite concerns over the government’s deal with Nauru to resettle NZYQ criminals, the Coalition has said it will support the amendment without delay.

Calling the move in Australia’s national interest, Shadow Home Affairs Minister Andrew Hastie said the opposition would work with Labor to resolve what he described as “the immigration mess of the government’s own making.”

“I understand the net effect of this bill is to provide legal certainty, which will minimise delays in removing NZYQ-affected individuals from Australia, meaning people with no legal right to be here will be removed as soon as possible,” Hastie said in parliament.

On Aug. 26, Home Affairs Minister Tony Burke introduced the amendment to strengthen powers to deport members of the NZYQ cohort to Nauru. The proposed changes would remove the obligation to grant procedural fairness to non-citizens facing removal to a third country.

Under the bill, rules of natural justice—meaning the right to a fair hearing—would not apply in cases where “third country reception arrangements” are in place.

Hastie argued that the government’s rushed legislative fixes have been inconsistent and secretive but said tough measures are needed to safeguard the public.

“This panicked government released hundreds of criminal non-citizens into the community with no plan to manage the very serious risks to public safety,” he said.

The so-called NZYQ cohort refers to people once held in indefinite detention after failing to obtain visas and having no reasonable prospect of deportation.

A High Court ruling in November 2023 struck down indefinite immigration detention for people who could not be deported.

Many of the NZYQ cohort have violent criminal records, including convicted murderers and rapists, and several have reoffended since their release.

Inquiry Needed to Avoid Mistakes

While the coalition will allow urgent passage of the bill, Hastie said they would demand scrutiny through a Senate inquiry.

“We will interrogate this bill in the other place to ensure there are no mistakes or unintended consequences,” he said, accusing the government of “atrocious” handling of immigration law.

“Remember, this is the fifth bill Labor has introduced to manage its NZYQ disaster,” he said. “We would not be doing the right thing by the Australian people if we did not insist on an inquiry.”

Hastie said Labor was “caught flat-footed,” releasing hundreds of non-citizens into the community without a clear plan.

Crossbench: Bill Makes Australia a Bully

Several crossbench MPs opposed the bill, warning it undermines Australia’s democratic principles and casts the nation as a ‘bully’ in the Pacific region.

Independent MP Monique Ryan said the proposal risked branding Australia as a bully in the Pacific.

“It is our government’s job to ensure national security by controlling who and what enters our country … but balanced against those demands is the duty to deal fairly and with justice,” she told parliament.

Ryan argued that removing procedural fairness from deportation cases was unacceptable.

“Procedural fairness is a foundational principle in Australian administrative law. It ensures decisions made by public authorities are conducted through fair and unbiased procedures,” she said.

She added that some affected individuals were frail, sick, or elderly.

“They could die on Nauru without proper care,” Ryan said.

Independent MP Kate Chaney listed four major concerns: the risk of retrospectively validating unlawful visa decisions, stripping away procedural fairness, extending beyond the NZYQ group, and being rushed through parliament.

“The government is clearly desperate to deal with the NZYQ cohort, and this is reflected in the eye-watering sums of money the government is reportedly paying Nauru to accept those people,” Chaney said.

Secretive Deal With Nauru

The Albanese government has been under criticism for striking the deal with Nauru in secret.

In mid-August, Burke travelled unannounced to the island to sign a memorandum of understanding with President David Adeang.

The agreement commits Australia to pay more than $408 million to resettle hundreds of non-citizens released after the High Court ruling.

The deal includes almost $70 million a year to cover ongoing resettlement costs for more than 350 people.

When questioned, Prime Minister Anthony Albanese defended the arrangement but declined to confirm payment details.

“It’s about protecting Australia’s interests,” he said. “We make no apologies for the fact that we have been very clear about trying to deal with a decision of the High Court.”