Australia’s Human Rights Commissioner Lorraine Finlay has publicly criticised the Albanese Government after revelations that the first non-citizen was quietly removed from Australia and flown to Nauru under a new 30-year, A$2.5 billion resettlement deal.
According to Finlay, the clandestine operation raises “serious human-rights concerns” and undermines the rule-of-law principles that underpin Australia’s migration system. The individual—reportedly one of the former NZYQ cohort released from indefinite detention by the High Court in 2023—was issued a 30-year Nauruan visa without notice and put on a charter flight in the early hours of the morning.
The deal with Nauru allows Canberra to pay the Pacific micro-state an upfront A$388 million plus A$20 million annually to accept people Australia deems too dangerous to remain yet cannot safely deport to their countries of origin. The Commissioner argued that outsourcing responsibility does not absolve Australia of its international obligations and compared the practice to controversial U.S. “third-country” transfers.
Legal experts warn the secrecy sets a troubling precedent for natural-justice rights, while refugee advocates say it fuels uncertainty for hundreds of people still facing possible removal. For multinational employers, the episode signals a hardening political climate around non-citizens with criminal records, underscoring the importance of rigorous immigration-risk audits when moving staff to Australia.
Businesses with foreign assignees on character-tested visas should review compliance frameworks and engage early with counsel if employees face cancellation or deportation proceedings, as the new regime permits rapid, opaque transfers offshore.
According to Finlay, the clandestine operation raises “serious human-rights concerns” and undermines the rule-of-law principles that underpin Australia’s migration system. The individual—reportedly one of the former NZYQ cohort released from indefinite detention by the High Court in 2023—was issued a 30-year Nauruan visa without notice and put on a charter flight in the early hours of the morning.
The deal with Nauru allows Canberra to pay the Pacific micro-state an upfront A$388 million plus A$20 million annually to accept people Australia deems too dangerous to remain yet cannot safely deport to their countries of origin. The Commissioner argued that outsourcing responsibility does not absolve Australia of its international obligations and compared the practice to controversial U.S. “third-country” transfers.
Legal experts warn the secrecy sets a troubling precedent for natural-justice rights, while refugee advocates say it fuels uncertainty for hundreds of people still facing possible removal. For multinational employers, the episode signals a hardening political climate around non-citizens with criminal records, underscoring the importance of rigorous immigration-risk audits when moving staff to Australia.
Businesses with foreign assignees on character-tested visas should review compliance frameworks and engage early with counsel if employees face cancellation or deportation proceedings, as the new regime permits rapid, opaque transfers offshore.
