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Labor Bill to Curb Fair Process in Third‑Country Deportations Faces Backlash as Senate Blocks Inquiry

The proposal targets delays in third‑country removals after the High Court ruling on indefinite detention.

Human rights lawyers are concerned about a new government proposal designed to remove legal obstacles to resettling three people in Nauru who were released as a result of the landmark "NZYQ" High Court decision.
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Overview

  • Home Affairs Minister Tony Burke introduced legislation to expressly exclude procedural fairness from decisions tied to third‑country reception arrangements such as Nauru.
  • The government says the change targets non‑citizens who have exhausted visa and court avenues, arguing late challenges are frustrating removals and inflating costs.
  • Human rights groups warn the plan would deny notice and a chance to respond before deportation, citing risks of wrongful removal and errors including health and nationality misassessments.
  • Refugee lawyers also flagged concerns about a retrospective element that could criminalise past conduct, while noting procedural fairness would still apply to visa grant or cancellation decisions.
  • The Coalition labelled the process rushed and secretive, the Senate rejected a Greens bid for an inquiry, and the bill is reported as likely to pass with opposition support following earlier laws enabling payments to third countries.