Latest news with #NZYQ
The Guardian
22-02-2025
- Politics
- The Guardian
Asylum seeker slated for deportation to Nauru has removal posponed due to legal challenge
An asylum seeker slated for deportation to Nauru on Monday has had his removal postponed, after he launched a legal challenge in the high court. But the home affairs minister, Tony Burke, told Guardian Australia he was confident in the government's power to deport the man and 'we will proceed with removal to Nauru as soon as possible'. The man facing deportation is part of the NZYQ cohort, about 280 non-citizens in the Australian community who previously faced indefinite immigration detention because their visas had been cancelled on 'character grounds' but who could not be removed to their home countries because they faced persecution, or because those countries refused to accept them. Sign up for Guardian Australia's breaking news email In November 2023, the high court ruled it was unlawful for the government to indefinitely detain a person if there was 'no real prospect' of them being removed from the country 'in the reasonably foreseeable future'. The man was re-detained in Australia last week after Nauru granted him, and two other men, 30-year visas to live in that country, under a secretive deal it signed with Australia. The minister said the three men slated for removal were 'violent offenders' and that one had been convicted of murder. The Australian government is refusing to say how much it is paying Nauru – or what other inducements were offered to the Pacific island nation – to accept non-citizens from Australia for resettlement. On Friday, one of the re-detained men filed a case in the high court, arguing that the decision to cancel his protection visa on character grounds was unlawful. Within hours of the case being filed, the minister for immigration and multicultural affairs gave a commitment to the court that he would not be removed while the case is ongoing. The two other men are also scheduled for removal on Monday: last-minute legal challenges are also expected in those cases. Laura John, associate legal director at the Human Rights Law Centre, which is representing the first man, said it was 'deplorable' the government was attempting to banish people from Australia before they had completed their visa review process. 'While our client has been given a temporary reprieve, the threat of deportation to a third country has not disappeared. If allowed to continue to use these new powers, the Australian government could remove any person without a visa to any country in the world, regardless of their family connections or whether they have spent their whole lives in Australia. 'We must continue to resist this punitive overreach by our government, that, in future, could affect thousands of people in our community.' The home affairs minister, Tony Burke, said the government was prepared for the legal challenge. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion 'The government said on day one that this arrangement with Nauru was likely to be challenged in the courts. This is no surprise,' he said. Burke said the government was confident in the validity of the laws passed by federal parliament in November last year, which gave the government increased powers to send people without a valid Australian visa to a third country for resettlement. 'These are violent criminals who broke Australia's laws. Because of the government's new laws they are still in detention, rather than being out in the community. 'We will proceed with removal to Nauru as soon as possible.' The NZYQ cohort is more than 280 non-citizens released into the community in Australia as a result of a landmark 2023 high court decision, in which the court ruled in favour of 'NZYQ', a stateless Rohingya man. NZYQ faced the prospect of detention for life because no country would resettle him because of a conviction for raping a child. The high court ruled that immigration detention is unlawful where there was 'no real prospect' of the person being able to be deported 'in the reasonably foreseeable future'. The NZYQ ruling overturned the 2004 Al-Kateb judgment, which ruled the government could indefinitely detain a non-citizen. As of December 2024, 64 of the NZYQ cohort were subject to electronic monitoring, while a night-time curfew had been imposed on 37.
The Guardian
21-02-2025
- Politics
- The Guardian
Eleventh-hour high court bid to stop Australia's secretive deal to resettle NZYQ cohort in Nauru
Australia's secretive deal to deport people among the NZYQ cohort to Nauru has been challenged in the high court in a move that could block the first removal from the country. Legal proceedings filed Friday for a man scheduled to be deported to Nauru on Monday argued that the decision to cancel the man's protection visa was unlawful and that he should be allowed to stay in Australia while a review of his visa continued. The man, whom Guardian Australia is not naming, is represented by the Human Rights Law Centre. Their claim seeks urgent interim orders preventing the government from removing him to Nauru while his case is before the court. Sign up for Guardian Australia's breaking news email Laura John, the centre's associate legal director, said the government's attempt to banish people from Australia before their visa review process was complete was 'deplorable'. 'If carried out, these deportations could set a dangerous precedent for the kind of treatment refugees and migrants are subjected to, both in Australia and around the world,' she said. If the government did not give a commitment not to remove the man, an urgent high court hearing was likely to be held over the weekend, Guardian Australia understands. The man facing deportation is part of the NZYQ cohort, about 280 non-citizens in the Australian community who previously faced indefinite immigration detention because their visas had been cancelled on 'character grounds' but who could not be removed to their home countries because they faced persecution, or because those countries refused to accept them. In November 2023, the high court ruled it was unlawful for the government to indefinitely detain a person if there was 'no real prospect' of them being removed from the country 'in the reasonably foreseeable future'. John said no one should be permanently exiled to a country that is not their home. 'Ripping people from their lives and stranding them offshore is a cruel, lifelong punishment. 'Migrants and refugees previously forcibly sent to Nauru by the Australian government have suffered violent attacks, medical neglect and widespread discrimination.' A week ago, the home affairs minister, Tony Burke, said Australia had struck a deal with Nauru to remove three men he described as 'violent offenders', including one convicted of murder, to the Pacific nation as soon as possible. 'They will be put on a plane and sent to Nauru as soon as arrangements are able to be made,' Burke told reporters. 'When somebody has come and treated Australians in a way showing appalling character, their visas do get cancelled, and when their visas are cancelled, they should leave,' he said. Sign up to Morning Mail Our Australian morning briefing breaks down the key stories of the day, telling you what's happening and why it matters after newsletter promotion Burke refused to say how much the Australian government was paying Nauru or any other incentives the Pacific island nation had been offered. The deal with Nauru is the first application of laws passed in November, giving the Australian government the power to pay third countries to accept unlawful non-citizens and allowing them to be re-detained if they refuse. The Nauruan president, David Adeang, defended the deal with Australia, saying the three men had been imprisoned but had 'served their time'. 'Australia is trying to send them back to their country but they are not wanted back home. So we accepted them.' In addition to granting the men 30-year visas, Adeang said Nauru had demonstrated its capability to resettle migrants during its history as an offshore processing site. But sources on Nauru say the island's tight-knit and familial community – the nation has a population of a little evermore than 10,000 – is deeply divided by the new deal, with some raising concerns about safety and social harmony and others decrying their country's exploitation as a 'dumping ground' or a 'prison island' by Australia. Jana Favero, deputy chief executive of the Asylum Seeker Resource Centre, labelled the government's effort to deport people to Nauru as 'a Trump-like move … cruel, unnecessary, unfair, and a violation of human rights'.
The Guardian
18-02-2025
- Business
- The Guardian
Morning Mail: Zelenskyy rejects Russian ‘ultimatums', RBA cut welcomed, $110,000 tickets to political access
Good morning. Ukrainian president Volodymyr Zelenskyy has dismissed the meeting between Trump and Putin officials about ending the war in Ukraine, saying it was merely a forum for Russian 'ultimatums' that his country has already rejected. Back home, the Reserve Bank's interest rate cut has been broadly welcomed by Australians, amid hope for it to go further. And business leaders are forking out up to $110,000 to attend networking and fundraising functions designed to rub shoulders with politicians. Rate cut | Tuesday's rate cut has offered relief for mortgage holders, but some hope the official cash rate will fall further. In politics, the RBA's decision was welcomed by both the government and the opposition as the anticipated election looms. Double standards | As Australia's major parties stitched together a deal on donation laws in parliament, a small group of well-heeled business leaders gathered last week for dinner, with tickets costing up to $110,000. Off the rails | Negotiations between the NSW government and rail unions have gone on for nine months, with no end in sight. Here's what you need to know about the long-running saga. Visas | The Nauruan president has defended his government's offer to resettle three members of the NZYQ cohort of non-citizens from Australia – described by Australia as violent offenders – saying they have 'served their time'. Compensation claims | The first time many people ever heard of 'claim farming' was last week, when NSW police announced seven arrests over an allegedly fraudulent syndicate. But what is claim farming – and is it legal? Ukraine war | Kyiv reacted with gloom and dismay on Tuesday to the meeting between the US and Russia in Saudi Arabia, with Volodymyr Zelenskyy saying he would never accept Russia's ultimatums. Middle East | Hamas has said it will release six hostages from Gaza this week and hand over the bodies of four others, including the remains of two young children from the same family whose deaths had not previously been confirmed. Plane crash | Footage has emerged of the fiery plane crash at Toronto's Pearson airport on Monday, showing the Delta Air Lines jet skidding along the runway and then flipping over, as a wing rips off and the tail is engulfed in flames. Bureaucracy cull | The head of the food division at the US Food and Drug Administration has quit in protest over sweeping staff cuts that he warns will hamper the agency's ability to protect public health. Hollywood | Guy Pearce, the actor Oscar-nominated for his role in Brady Corbet's The Brutalist, has opened up about his experiences when working with Kevin Spacey on 1997 film LA Confidential. Who pays for our politics and what do they want? Laws on political donations, often seen as the murky underbelly of politics, are getting a rewrite. Labor – with the help of the Coalition – has brought in new legislation but some of the changes have infuriated the crossbench. Reged Ahmad speaks to Anthony Whealy, a former judge and now chair of the Centre for Public Integrity, on what we know about those who donate to political campaigns and whether the new laws could lock out independents. Sorry your browser does not support audio - but you can download here and listen $- The RBA's announcement on Tuesday of a rate cut was clearly the one the government was after, with Labor's responses hitting journalists' inboxes mere minutes after it was announced. Josh Butler delves into how both sides of politics will use the news to prove that they are the ones to handle the cost-of-living crisis. The humble meat pie is considered quintessential Australian cuisine, but how do the supermarket frozen version of the pastries stack up? Nicholas Jordan put together a team of Sydney bakers and chefs to judge which is the best (and worst) pie found in the frozen aisle. Sign up to Morning Mail Our Australian morning briefing breaks down the key stories of the day, telling you what's happening and why it matters after newsletter promotion AFL | The head of Foxtel says AFL fans will 'run towards the light' this season and subscribe to its pay TV service or sports streaming platform Kayo when they realise much of the season's live Saturday coverage has gone behind a paywall. Soccer | Matildas vice-captain Ellie Carpenter has thrown her support behind Sam Kerr as the star forward turns her focus to recovering from a serious knee injury after a high-profile trial in the UK ended last week. Tennis | Andy Murray will continue to coach Novak Djokovic through to the French Open – and possibly at Wimbledon. Tasmanian senator Jacqui Lambie has a bill in parliament to cap university vice -chancellor pay at $430,000, reports the Australian. Victims of paedophile priest Gerald Ridsdale, who died on Tuesday in jail, express relief at his passing in the Sydney Morning Herald. Politics | Victoria, NSW and Queensland parliaments are all sitting. Melbourne | Ebony Bell, charged with assaulting senator Lidia Thorpe in May last year, will appear in a magistrates court. Terrorism | Asio's director general of security will release the annual threat assessment. If you would like to receive this Morning Mail update to your email inbox every weekday, sign up here, or finish your day with our Afternoon Update newsletter. You can follow the latest in US politics by signing up for This Week in Trumpland. And finally, here are the Guardian's crosswords to keep you entertained throughout the day. Until tomorrow. Quick crossword Cryptic crossword
The Guardian
18-02-2025
- Politics
- The Guardian
‘Served their time': Nauru president backs Australian plan to resettle three members of NZYQ cohort
The Nauruan president has defended his government's offer to resettle three members of the NZYQ cohort of non-citizens from Australia – described by Australia as violent offenders – saying they have 'served their time'. Australia's home affairs minister, Tony Burke, announced on Sunday that the three men – one convicted of murder – would be resettled in Nauru after the Albanese government struck a deal with the tiny Pacific nation for an undisclosed amount of money. Interviewed by a government staffer and speaking Nauruan, the president, David Adeang, emphasised the three men had 'served their time' in Australian prisons, and were no longer subject to any punishment. 'Australia is trying to send them back to their country but they are not wanted back home. So we accepted them from Australia. They are not Australian and Australia doesn't want them,' he said in an interview posted online. Adeang said Nauru had demonstrated its capability and willingness to resettle migrants during its history as an offshore processing site. 'Even for the refugees that came here, they have the same history: some of them killed people, some of them are disturbed people. But they will not do that here, instead they will live their life as normal and be happy along with us all.' Adeang said the three men had been granted 30-year visas and the right to settle and work in Nauru. 'They will be living among us like normal free people … nothing stops them from working and being a normal citizen. They are also subject to our laws, they will also get same punishment if they break the law.' At least one of the three men re-detained in Australia ahead of his removal to Nauru had been told he would be flown to the Pacific island next Monday. Sign up for Guardian Australia's breaking news email But sources in contact with the men told Guardian Australia a legal challenge was being contemplated. The men were released from indefinite immigration detention to live in the community as part of a larger cohort of more than 280 non-citizens after the high court ruled in 2023 it was unlawful for the government to detain someone indefinitely. Two of the men had been taken back into detention in Villawood, in Sydney, while another was re-detained at Western Australia's Yongah Hill detention centre. The deal with Nauru will test laws passed in November that give the Australian government the power to pay third countries to accept unlawful non-citizens on a removal pathway, allowing them to be re-detained if they refuse. The Australian government has refused to say how much it has paid Nauru to take the three men, or if other concessions were offered, but Burke said the deal was proposed by Nauru. Burke said he expected a legal challenge to the decision to remove the men whom he described as 'violent offenders'. 'Whenever I make any decision, I presume that there'll be a contest in the courts,' he said on Sunday, adding he was confident of the legality of the government's position. Australia now holds about 100 refugees and asylum seekers on Nauru. Those are people who arrived by boat to Australia to claim asylum but were forcibly removed to Nauru under Australia's 'enduring' offshore processing regime with the Pacific nation. Abdul*, an asylum seeker who had been held on Nauru for eight months, said while housing in the processing centre – which is not locked – was sufficient, 'we cannot eat enough'. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion 'We cannot get enough money to buy enough nutritious food, we never have three meals a day, only two meals a day. Everybody has lost weight, and is very sick. 'And we are so stressed, we cannot sleep, we are worrying always about our future. We can't find any hope, and we cannot spend our life like this for an indefinite period.' Abdul said he did not believe the new transfers would be accepted within Nauru's tight-knit familial community. 'Everyone sent here is suffering, we are all going hungry, and these people will also be suffering if they are sent here.' Jana Favero, the deputy chief executive of the Asylum Seeker Resource Centre, said the government's actions sent 'a clear message': 'If you are not born in this country, you will never be treated equally.' She said that the forcible transfer was announced in the media, possibly in the shadow of a federal election being called, raising questions about the fairness of these actions. 'We are considering all options, including legal challenges, and will continue to fight for people's rights. 'There has to be consideration of the lawfulness of banishing people offshore when they've been living as part of our community.' Amnesty International said the government's move to forcibly detain and deport people to Nauru was a 'blatant attack' on the rights of people seeking protection and a 'back-door deportation scheme' to continue people's indefinite detention when it had been ruled unlawful by Australian courts. Amnesty argued the new policy effectively extended people's indefinite detention elsewhere. 'This decision sets a dangerous precedent for future policies that could see more people removed without proper safeguards,' Zaki Haidari, Amnesty International Australia's refugee rights campaigner, said. 'The Labor government must put an immediate stop to these deportations.' As of December 2024, 64 of the NZYQ cohort are subject to electronic monitoring while a nighttime curfew is imposed on 37.
Arab Times
17-02-2025
- Politics
- Arab Times
Australia plans to deport 3 violent criminals to Nauru
MELBOURNE, Australia, Feb 17, (AP): Australia will soon deport three violent criminals including a convicted murderer to Nauru even though they are not citizens of the tiny Pacific atoll, after an Australian court ruled that dangerous immigrants can no longer be imprisoned indefinitely. Home Affairs Minister Tony Burke said on Sunday that three "violent offenders' had been issued 30-year Nauru visas on Saturday. Opposition leader Peter Dutton said on Monday that more than 200 immigrants with criminal records who could not be deported would remain in Australia despite the Nauru deal. "The government's claiming they're going to get rid of three criminals, but there'll still be more than 200 left,' Dutton told reporters. Nauru's President David Adeang was due to give a statement to local news outlets on Monday about "new arrangements with Australia on the resettling of non-citizens,' according to a post on the government's Facebook page on Sunday. The statement was not available online Monday afternoon and Adeang's office did not immediately respond to a request for comment. An Australian High Court decision in 2023 overturned the government's policy of leaving in detention immigrants who failed Australia's character test, usually because of criminal conduct. The government said they could not be deported. Countries including Afghanistan are considered unsafe for their nationals to be repatriated. Iran refuses to accept Iranians who are not returning voluntarily. The test case was brought by a member of Myanmar's persecuted Rohingya Muslim minority identified in court as NZYQ. NZYQ was brought to Australia in a people smuggler's boat in 2012 and raped a child soon after being released into the Australian community. He served a prison sentence and was then transferred into indefinite immigration detention until he won his court case. More than 200 immigrants who cannot be deported have been released from detention as a result of the NZYQ case. Some have committed more crimes and have returned to prison. The opposition has accused the government of failing to protect the community by freeing dangerous immigrants. The issue has damaged the government's popularity and elections are due by May 17. Ian Rintoul, the Sydney-based director of the Australian advocacy group Refugee Action Coalition, said the three men scheduled to be sent to Nauru received lawyers on Monday. They intended to challenge their deportations in court, Rintoul said.
