September 03, 2025 | Katie Wand
The Australian Government has introduced legislation to expand its powers to enforce deportation, by removing peoples’ right to natural justice (or fair decision making). If passed, the legislation would see people deported to third countries like Nauru without notice, where they may be face violence, medical neglect and family separation.
The Federation of Community Legal Centres strongly opposes this Bill, which we believe to be reckless and rushed, and that sets a dangerous precedent for eroding legal rights.
The Bill builds upon legislation that already expanded government deportation powers at the end of 2024. If it passes Parliament, the new Bill – the Home Affairs Legislation Amendment (2025 Measures No. 1) Bill 2025 - will mean that:
- When making arrangements to deport someone to a third country, the Government will not be obliged to tell the person they are making the arrangement or give them an opportunity to respond.
- When giving a person a direction to cooperate with their own deportation, the Government will no longer be obliged to tell them ahead of time or ask if there are reasons they can’t follow the direction.
- Previous visa decisions made under now outdated laws are retrospectively validated, even if the decision has been previously challenged. The Government can also continue to prosecute criminal charges that were brought as a result of incorrect decisions, validating retrospective criminality.
Community legal centres are alarmed by this legislation, which overrides the principle of natural justice - a cornerstone of Australia’s justice system. Removing the right to natural justice sets a dangerous precedent for the way the law treats everyone in this country.
We are also deeply concerned that the legislation will overwhelming affect refugees and asylum seekers who came to Australia in search of safety.
Community legal centres work with people seeking asylum, refugees and migrants every day, and have unique visibility of the many challenges they experience, and the enormous value they bring to this country.
It is our view that Australia should be a haven for people seeking safety. This legislation risks damaging the nation’s reputation as a defender of human rights, and if passed, would be a stain on the nation’s human rights record.
We urge the Government to reconsider this Bill, which will have catastrophic consequences on affected individuals, and the nation.
Louisa Gibbs, CEO at the Federation said:
“Community legal centres work to ensure that everyone has a fair go, and access to justice. As people who are privileged enough to work with refugees and asylum seekers and the law every day, we know there will be an erosion of human rights if this reckless and rushed legislation is passed.
“This Bill rejects the principle of natural justice. The consequences are serious not only for people at risk of deportation and their families, but for everyone who calls this land home.”
Sanmati Verma, Legal Director at the Human Rights Law Centre said:
“The Government wants to carry out a mass deportation of migrants and refugees to Nauru without having to give a second thought to the lifelong consequences. These laws would mean the Government does not have to ask whether someone might face harassment and violence in Nauru, or whether they have a medical condition that cannot be treated there, or whether they will be forever separated from their families. Clearly, the Government does not want to know the answers to these basic questions.
“Migrants and refugees are being stripped of fundamental rights and legal protections so the Government does not have to answer for what is being done to them. The community legal sector stands against this in the strongest terms. Every person has the same right to safety and dignity, regardless of visa status.”
