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Plans to deport three non-citizens to Nauru thwarted by legal challenges
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Plans to deport three non-citizens to Nauru thwarted by legal challenges
It’s been revealed the federal government can’t go ahead with the deportation to Nauru of all three people identified for removal after urgent court applications were lodged.
Plans to deport one Iraqi man to Nauru were thwarted after an urgent application to the High Court on Friday.
The need for an immediate hearing was avoided over the weekend when the government gave an undertaking not to remove the man until he was able to challenge a decision to revoke his protection visa.
Today, the High Court held a preliminary hearing about the case, which asks for constitutional writs including an order to extend the time for an appeal, for the decision ending the man’s protection visa to be quashed, and for a ruling he was denied procedural fairness.
The barrister representing the man, Thomas Wood, said only the High Court could decide on the issues in the case.
The man has been in indefinite immigration detention after a stint in jail.
Mr Wood told the court the other two people were also in indefinite detention.
He said that their cases were brought before the Federal Court on Sunday morning to prevent their immediate deportation, which had also been set for Monday.
Mr Wood said the cases involved separate issues, and there was no overlap.
High Court Justice James Edelman today issued orders for all parties in the initial case to lodge their arguments by the middle of next month, before a decision is made about how the High Court should deal with the matter.
Why the Nauru plan?
The current cases are a direct result of the High Court’s ruling in 2023 which found that indefinite immigration detention was not lawful, overturning a 20-year-old ruling.Specifically, the court found indefinite immigration detention was illegal in circumstances where there was no reasonable prospect of removal to a third country within the foreseeable future.
Many of those in indefinite detention were there after spending significant jail terms for crimes including murder and rape.
They have become known as the NZYQ cohort, after the case which led to the High Court decision.
The ruling saw more than 250 people released into the community prompting outrage after some reoffended.
The government passed new laws which would allow people to be deported to a third country, even if that country wasn’t the one a person had come from.
More recently the government announced it had a deal with Nauru to take the three men.
But the first plans to carry out deportations this week have been thwarted, at least for the time being.
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