Australia's Human Rights Commissioner has written to Home Affairs Minister Tony Burke seeking clarity and transparency around an Australian Government decision to resettle three members of the NZYQ cohort in Nauru, saying the announcement raises serious human rights concerns and prompts more questions than it answers.
All that has been publicly confirmed at this stage is that the three people - who have been re-detained pending removal from Australia - have been granted 30-year resettlement visas by Nauru where they 'would reside in individual facilities with a shared kitchen space, be free to move around the island and would have working rights'.
Human Rights Commissioner Lorraine Finlay: "This announcement is very light on detail and raises a range of issues in relation to the rights of the people in question, the application of the policy to the broader NZYQ cohort and compliance with Australia's obligations under international law.
"Any arrangement needs to be consistent with Australia's domestic laws and international human rights obligations. In particular, the UN Human Rights Committee emphasised in two recent decisions concerning Australia that sending people offshore does not absolve States of their legal obligations towards asylum seekers or absolve them of accountability."
"To this end, there are a number of core questions which need to be answered about the announced arrangement and I have written to the Home Affairs Minister seeking answers to these questions, as well as requesting that details of the arrangement be made public in the interests of transparency and accountability."
The questions the Commissioner has asked the Home Affairs Minister include:
- What are the terms of the agreement between Australia and Nauru?
- What (if any) human rights guarantees have been sought and received by Australia, in particular regarding safeguards with respect the treatment of people sent there?
- Could Nauru potentially impose ongoing conditions of monitoring, curfew and surveillance that the High Court of Australia previously found to be unconstitutional when applied within Australia?
- What (if any) ongoing role will Australia have in managing, overseeing and funding this arrangement and/or the people resettled in Nauru?
- Could the individuals resettled in Nauru be returned to Australia if they breach their resettlement visa or their visa is cancelled for any reason, or if they experience breaches of their human rights in Nauru?
Commissioner Finlay: "It is also not clear whether the Australian Government is seeking to extend this arrangement to the other people - almost 280 - who are part of the NZYQ cohort, or what alternative steps the Government will take if an anticipated court challenge to the arrangement is successful."
At the time of the NZYQ decision in late 2023, Commissioner Finlay wrote that:
Policies concerning immigration and asylum seekers need to be deliberately and carefully calibrated. There are a range of substantial factors that need to be considered together. These include the right of Australia as a sovereign nation to control its own borders, upholding the integrity of Australia's immigration system, the right of asylum seekers to seek safety and protection (ensuring that their individual human rights are protected throughout that process), the right of Australians to be safe in their homes and communities, and the need to take strong measures against people smuggling and human trafficking.
Commissioner Finlay: "These concerns are just as relevant nearly 15 months later, with an unclear arrangement applying to three people from the NZYQ cohort not providing the sustainable long-term solution that is needed in what is a complex policy area.
"The details of this arrangement need to be clarified so that the Australian people can understand how the Australian Government intends to address both existing concerns around community safety in Australia arising from the release of the NZYQ cohort from immigration detention, and the substantial human rights concerns that arise from any attempted outsourcing of Australia's international obligations."
