Hundreds of Criminals Deported to Nauru in Landmark Tony Burke Deal
The Australian government has struck a $400 million agreement with Nauru to deport hundreds of foreign-born criminals, in what Home Affairs Minister Tony Burke has described as a “fundamental step” to restore order to the nation’s immigration system.
The $400 Million Agreement
On Friday afternoon, Minister Burke confirmed that he had met with Nauru President David Adeang and his Cabinet to sign a memorandum of understanding (MOU). The agreement ensures that Nauru will take custody of members of the NZYQ cohort — a group of approximately 350 foreign-born criminals released from detention following a High Court ruling in November 2023.
The landmark ruling found that indefinite detention of non-citizens was unconstitutional unless a clear plan existed for their removal. As a result, the federal government was forced to release hundreds of detainees, many of whom were convicted of violent crimes including murder, sexual assault, and armed robbery.
Under the new arrangement, Nauru will provide long-term residence to those with no legal right to remain in Australia. Canberra will pay $408 million upfront, followed by $70 million annually to cover ongoing costs once the first detainee arrives on the Pacific island nation.
“This is a fundamental element of a functioning visa system. Anyone who doesn’t have a valid visa should leave the country,” Burke said.
Who Are the NZYQ Cohort?
The group includes some of the nation’s most controversial cases, among them convicted murderers and pedophiles who have resisted deportation to their countries of origin.
One high-profile case involved the brutal assault of 73-year-old grandmother Ninette Simons in Perth, who was left bloodied and bruised after a violent home invasion. Her attackers stole $200,000 worth of possessions. One of the alleged perpetrators, Majid Jamshidi Doukoshkan, was part of the NZYQ group released after the court ruling.
The release of such offenders sparked public outrage and mounting political pressure on the government to find a lasting solution.
Legislative Changes to Deportation Powers
This week’s deal with Nauru coincided with new government proposals to strengthen deportation laws. The proposed changes would limit the application of “natural justice” in cases involving third-country arrangements, such as the Nauru deal.
While critics argue that this strips away basic rights, Burke stressed that due process had already been observed:
“All individuals affected by these decisions will have already had full access to visa application processes, merits review, judicial review and ministerial intervention opportunities,” he said.
Political Fallout
The move has sparked heated political debate. Green Senator David Shoebridge condemned the government’s actions, accusing Labor of adopting “far-right immigration policies.”
“The Albanese Government is forcing our Pacific neighbours to become 21st century prison colonies,” Shoebridge wrote on X (formerly Twitter). “This deal was swept through on a Friday, in secrecy, and undermines principles of natural justice.”
The Opposition also seized on the announcement, with Shadow Home Affairs Minister Andrew Hastie branding the move “shambolic.”
“This is the fifth time that Labor has had to introduce emergency legislation to clean up its own NZYQ mess,” Hastie said. “Tony Burke’s test as the new minister for home affairs was to fix Labor’s chaos. He has failed.”
Opposition Leader Sussan Ley described the deal as “rushed, secretive and chaotic,” warning that the government’s immigration strategy was losing public confidence.
A Long-Running Challenge
Australia’s approach to immigration detention has been controversial for decades, with successive governments using offshore processing centres in Nauru and Papua New Guinea to manage asylum seekers and non-citizens without visas.
The High Court’s 2023 ruling against indefinite detention forced the government into uncharted territory, as individuals who could not be deported — either because their home nations refused to accept them or because they faced persecution — were released into the community.
For the government, the Nauru deal represents a workaround: deporting non-citizens to a third country willing to house them. However, legal experts warn the arrangement could face new challenges in court, particularly over issues of fairness and human rights.
Nauru’s Role and Reaction
Nauru, with a population of around 12,000, has long relied on Australian funding tied to immigration agreements. The new deal will inject hundreds of millions into its economy, with ongoing support pegged at $70 million annually.
The country’s parliament approved the arrangement on Friday, highlighting the importance of its partnership with Australia. While officials welcomed the financial commitment, questions remain about Nauru’s capacity to accommodate and rehabilitate high-risk offenders.
Critics Warn of Risks
Human rights groups argue that deporting violent criminals to Nauru simply displaces the problem rather than solving it. Concerns have also been raised about the island’s infrastructure, mental health services, and policing capacity.
Greens Senator Shoebridge went further, claiming that outsourcing Australia’s immigration challenges damages its credibility in the Pacific region. “Instead of building partnerships based on equality and respect, the government is turning our neighbours into prison colonies,” he said.
Government’s Defense
Burke insists the deal is both lawful and necessary, framing it as the “final step in the removal process.” He argues that affected individuals have exhausted every legal avenue and that Australia cannot allow dangerous criminals to remain on its streets indefinitely.
“This agreement delivers certainty, restores the integrity of the immigration system, and ensures community safety,” he said.
Looking Ahead
The first transfers to Nauru are expected to begin once logistical arrangements are complete. Canberra will face ongoing political and legal battles as critics continue to question both the ethics and efficacy of the deal.
For now, however, the government is banking on the agreement to reassure a public unsettled by the release of high-risk offenders. Whether the Nauru plan proves a permanent fix or a temporary patch remains to be seen.
