The United Nations’ Human Rights Committee has urgently requested the Albanese Government not to remove a man from Australia to Nauru, while the Committee investigates the human rights implications of the planned deportation.

The Iraqi man, represented by the Human Rights Law Centre, filed a complaint with the UN Committee after the Albanese Government announced plans to permanently exile him and two other people to Nauru, in the first exercise of the new third country deportation laws introduced in November 2024. Last week, just days after receiving the complaint, the Committee issued the urgent interim request to the Albanese Government.

The complaint argues that by sending the man to Nauru, Australia would breach its international legal obligations not to deport him to a place where he may face death or cruel, inhuman or degrading treatment or punishment. Refugees previously sent to Nauru by Australia have been killed and suffered violence, medical neglect and discrimination. In Nauru, the man would also face the risk of being returned to Iraq where he faces persecution, and would be permanently separated from his family.

While the man has previously brought High Court proceedings challenging his visa cancellation, it is not possible for the Court to consider the international human rights implications of the Government’s plans in that case.

Josephine Langbien, Associate Legal Director at the Human Rights Law Centre, said: 

“Australia has an international legal responsibility not to deport people to places where they might be killed or suffer inhuman treatment. Yet the Albanese Government wants to banish people to Nauru to face exactly this fate.

“This insidious plan affects more than just three people. It shows the Albanese Government believes that some people in this country deserve fewer rights than others, and deserve repeated, lifelong punishment. These deportations would set a dangerous new baseline for how all migrants and refugees can be treated. We must demand better from our political leaders.

“The Albanese Government claims to respect international law and urges other countries to do the same. It must demonstrate that respect by following this direction from the UN Human Rights Committee and halting these deportations.”