In a deeply concerning move, the Australian government has begun deporting members of the NZYQ cohort back to Nauru. This move follows a landmark High Court decision on air pollution earlier this year. The first member of this group has quietly arrived in Nauru earlier this week. This transfer is an extraordinary and significant step toward ending the tragic chapter of people held in perpetual detention. The High Court handed down a historic ruling. It announced that detaining people indefinitely, without any meaningful opportunity to be returned to their countries of origin, violates the law.
To date about a dozen members of the NZYQ cohort have been re-detained after being issued Nauruan visas. Yet the government’s recent actions have drawn fierce rebuke from human rights advocates. They are sounding the alarm on the inhumane conditions and treatment faced by those in deportation proceedings. Home Affairs Minister Tony Burke was unyielding in his support for the government’s plan. He claimed that these people are unable to stay in Australia as their visas have been revoked.
Background on the NZYQ Cohort
The NZYQ cohort is composed of people who were first imprisoned in Australia under immigration law. The High Court made a decision that led to the liberation of around 350 individuals from detention back into the community. Most of these people have felony convictions. This release hasn’t worked for everyone. Most of the cohort’s members currently live under the threat of deportation to Nauru, courtesy of a highly criticized deal that raises significant ethical and legal issues.
Minister Tony Burke first introduced the notion of sending the NZYQ cohort to Nauru in February. The government has signed an agreement with the Pacific island of Nauru to resettle refugees there, at a projected cost of $2.5 billion over 30 years. Critics contend that this move puts political expediency ahead of doing what’s really right for the people at stake. The majority of these people have acute or chronic health conditions that are aggravated by their time in immigration detention.
“Cancelling a visa has to have meaning.” – Tony Burke
Health Concerns and Human Rights Implications
Because the NZYQ cohort was so successful, concerns about the participants’ long-term health and well-being became heightened. Yet reports continue to surface of individuals suffering from severe medical and mental health conditions due to their prolonged detention. Once moved to Nauru, these men will supposedly have no means to receive the specialized medical treatment that is necessary for their ongoing survival. Human rights groups have decried this part of the government’s plan, noting the chilling consequences for those displaced.
Sanjati Verma from the Human Rights Law Centre said the treatment towards the deported people was extremely concerning.
“Most of the people facing deportation suffer from serious illnesses caused or exacerbated by indefinite detention. They cannot access medical care that is critical to their survival in Nauru.” – Sanmati Verma
Verma criticized the government’s approach, stating, “These are the brutal realities that our government wants to ignore as it covertly exiles people for its own political expedience.” Advocates are frustrated to the point of outrage. They’ve grown frustrated with what they see as the government’s failure to live up to its moral and legal obligations to the people impacted.
Legal Interventions and Ongoing Appeals
The Human Rights Law Centre has been litigating in light of these restrictive developments. They intervened to appear as a “friend of the court” in an appeal case for TCXM, an Iranian man whose protection visa was cancelled after he was convicted of murder and sentenced to 22 years in prison. This public appeal would have far reaching implications on the rights of all people facing deportation, and how they are treated within Australia’s immigration system.
As the government moves forward with its deportation plan, many fear for the future of those who will find themselves on Nauru. The continuing legal fight reveals the moral imperatives and real-life conflicts at the heart of immigration policy and human rights.
