The legal challenge brought by a man facing deportation to Nauru will return to the High Court for hearing today.

The case was filed after the Albanese Government attempted to exercise its new third country deportation powers for the first time. The case argues that the decision to cancel the man’s protection visa was made unlawfully. He is represented by the Human Rights Law Centre.

If the Court agrees, the man would no longer face immediate deportation, as the decision about his visa would have to be made again. He was one of three people who had been scheduled to face deportation to Nauru.  Each of the three people filed separate legal proceedings.

Refugees previously sent by the Australian Government to Nauru have faced violence, medical neglect and inhumane living conditions. Earlier this year, the UN Human Rights Committee found that the Australian Government was legally responsible for the abuses that took place on Nauru. There is nothing to stop these abuses being repeated under the Albanese Government’s new laws.

Laura John, Associate Legal Director at the Human Rights Law Centre said: 

“Permanently exiling people to a third country is a cruel, lifelong punishment. No one should be exiled to a country that is not their home, and where they are likely to face serious harm.

“If these deportations are successful, they could pave the way for countless others and set a dangerous precedent for the type of treatment that is deemed acceptable for refugees and migrants.

“We will keep fighting to ensure that every person has the right to dignity, safety and fair process, no matter their visa status.”

Background 

In November 2024, the Albanese Government and the Coalition teamed up to pass new brutal laws giving the Government the power to deport any person without a visa to third countries, regardless of their backgrounds or family ties to Australia.

Nauru is the first country to agree to receive people deported by Australia in exchange for payment.