The Albanese government will pay Nauru more than $408 million to resettle hundreds of non-citizens caught up in the High Court’s landmark NZYQ ruling, after Home Affairs Minister Tony Burke signed a new memorandum of understanding (MOU) with Nauru President David Adeang.
The agreement, signed on 29 August during Mr Burke’s unannounced visit to the Pacific island nation, sets out undertakings for the proper treatment and long-term residence of people who no longer have a legal right to remain in Australia.
Under the deal, Nauru will issue further long-term visas to the group of more than 350 people, while Australia will provide almost $70 million annually to cover resettlement costs and bolster Nauru’s long-term economic resilience.
The group, known as the NZYQ cohort, had been held in indefinite immigration detention until the High Court ruled in 2023 that the practice was unlawful for those with no reasonable prospect of deportation. Many in the cohort have histories of violent offending, with some reoffending since being released.
President Adeang told Nauru’s parliament that the funds would flow into the Nauru Trust Fund to support “long-term economic resilience” as well as the operationalisation of the resettlement program. The agreement will come into effect once Nauru receives its first transferees.
Mr Burke, who also met with Nauru’s cabinet and parliament, said the MOU underlined a “fundamental element of a functioning visa system.” “Anyone who doesn’t have a valid visa should leave the country,” his statement read.
However, refugee advocates have criticised the deal, pointing to its lack of transparency and the government’s introduction of new legislation in Canberra last week that would strip non-citizens of procedural fairness when facing removal to a third country.
The Albanese government is currently working to transfer three members of the NZYQ cohort to Nauru, though the process has been delayed by ongoing legal challenges.
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