The Albanese government's deal with Nauru to take up to 280 former immigration detainees again shows both sides of politics will resort to drastic and expensive actions when faced with intractable issues around illegal non-citizens.
Author
- Michelle Grattan
Professorial Fellow, University of Canberra
On Friday news came from the Nauru parliament of a deal between Home Affairs Minister Tony Burke and the Nauru government for that country to accept this large number of ex-detainees from Australia.
These are from the so-called NZYQ cohort. They were in immigration detention until the High Court in late 2023 ruled indefinite detention was unconstitutional.
A number of these people had previously committed very serious crimes, including murder and rape. After the government released them into the community, many have reoffended, some seriously. One is accused of murder.
Under the Nauru deal, Australia will provide that country with a one-off $400 million, then an ongoing $70 million a year.
The people will not be sent to Nauru in a single batch.
The Albanese government shrouded the deal in secrecy with Home Affairs Minister Tony Burke in Nauru on Friday on an unannounced trip. Details of the deal were put on the Home Affair website, rather than in a generally-distributed ministerial press release, as would be the usual course.
The statement posted on Home Affairs said: "Today, Minister Burke met with the President of Nauru David Adeang, the cabinet and the entire Nauru Parliament.
"During the visit an MOU was signed between Burke and Adeang.
"It 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.
"Australia will provide funding to underpin this arrangement and support Nauru's long-term economic resilience.
"In announcing the MOU, the President and Minister referred to further long term visas to be granted by Nauru to people who no longer have a legal right to remain in Australia.
"This MOU will allow the continued management of the NZYQ cohort."
Burke, in brief quotes in this statement, said: "Anyone who doesn't have a valid visa should leave the country. This is a fundamental element of a functioning visa system."
Burke paved the way for the deal by introducing legislation last week that denies "procedural fairness" to those being deported under such arrangements. This followed earlier legislation in the last parliament that apparently left some loopholes.
Environment Minister Murray Watt told Sky on Sunday: "We need to remember that these are people who have no visa right to be in Australia
"Any functioning migration system has a principle which is that if you don't have a right to be in a country, then you can expect to be removed.
"This cohort has already had access to judicial review, to merits review, to ministerial intervention, and really now that we have reached this arrangement with Nauru, it does allow for the removal of people who have no right to be in Australia."
Liberal frontbencher James Paterson said the whole affair had been a "debacle" from start to finish.
"But we did support legislation on a bipartisan basis in the previous parliament to set up a scheme like this Nauruan scheme, and we are supportive of removing these people from Australia.
"The parliament must take steps to protect the Australian community and uphold border protection and our sovereignty."
It is fortunate for the government that the opposition is backing the latest legislation. If the government had needed the Greens to pass the legislation, it would probably be facing defeat.
The Greens condemned the Nauru deal. Their immigration spokesman David Shoebridge said: "At a time when we should be building partnerships in the Pacific based on equality and respect, the government is instead forcing our smaller neighbours to become 21st-century prison colonies."
Over many years Labor in opposition was highly critical of the Coalition's handling of issues dealing with illegal immigrants.
Michelle Grattan does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.
