Campaign Story

This filed litigation challenges the removal of recognised refugees and stateless people with criminal records to Nauru by the Australian Government.  Such people are being forcibly taken to Nauru for the remainder of their natural lives.

This Constitutional challenge seeks to challenge the broader legal framework underpinning removals to Nauru through a few well-chosen individual cases.

Our argument is that the scheme is punitive in nature and amounts to punishment imposed by the executive government, contrary to Chapter III of the Australian Constitution.  That it is, in effect, detention on Nauru and in Nauru (as the refugees and stateless people are unable to leave Nauru). 

We believe the current regime is a continuation of Australia’s historical penal colonial system, with colonial powers transporting the unwanted to remote islands for the terms of their natural lives.

The litigation will seek disclosure of information underpinning Australia's arrangement with Nauru to better understand the practical operation of the regime and Australia's level of control over people detained there.

The broader public interest issues include:

• Protecting constitutional limits on executive power.
  • Preventing the executive from creating punitive regimes outside the judicial process.
• Increasing transparency around Australia's offshore detention and removal arrangements.
• Clarifying Australia's responsibilities towards people transferred to Nauru.

The proceedings will also examine conditions in Nauru including:

• Lack of specialist mental health treatment or hospitals.
• Practical barriers preventing refugees from leaving Nauru
  • 30 year visas, but with an inability to procure travel documents with no clear pathway to permanent residency, citizenship or resettlement
• Australia's ongoing effective control over transferred individuals including recent laws increasing monitoring and surveillance of people living on the island.
• Water-level adaptation relocating communities from coastal areas to higher ground near the detention centre.

About the Clients

Applications have been filed on behalf of multiple clients, with two matters currently being advanced.

Client 1 - The first client is a stateless Palestinian man with significant mental health challenges arising from his refugee background. His family was displaced during the Nakba in 1948, displaced from country-to-country in the Middle East and finally settled in Australia. Our client has many family members now holding permanent residency or citizenship in Australia. He cannot return to Palestine. Client one’s case has been reported on by the Guardian here - https://www.theguardian.com/australia-news/2026/may/21/indefensible-alleged-child-abuse-survivor-takes-on-albanese-government-over-25bn-nauru-deal.

Client 2 - The second client is an orphaned Hazara Afghan refugee who also suffers significant mental health issues and PTSD. After arriving in Australia, he was placed in state care, where he was subjected to grooming and abuse from an official with care responsibilities over him. He experienced significant isolation and language barriers. There is strong community support for him within the Hazara community. The same Minister who was his guardian and should have protected him is now sending him offshore. Note: This client was convicted of sexual abuse of his carer, but there are serious issues surrounding the admission of evidence of the previous sexual history of the client and his carer – our client was essentially a victim silenced using laws meant to protect victims.  We have asked that the relevant authorities investigate the carer for perjury.  We have also reported the abuse of the client as a historical institutional child sex abuse case.

None of the donations will go to the clients. The litigation will protect them against removal to Nauru, but our campaign aims to challenge the broader legal framework of removals.

Current Status of the Litigation

Work completed

• Applications filed for applicants
• 80% of legal thinking and development completed
• Complex constitutional arguments substantially developed
• Case management hearings scheduled

Future Tasks

• Finalising and expanding submissions
• Further development of constitutional arguments
• Gathering and updating evidence regarding conditions in Nauru with individual contacts
• Seeking urgent injunctions where necessary to prevent removals
• Final hearing preparation and appearances

Likely Event Timeline
18 - 24 month timeline

1. Federal Court proceedings

1. If won → Government likely to appeal to High Court
2. If lost → Consider prospects of success to appeal to High Court

The campaign is expected to launch while case management proceedings are underway. The initial campaign can be focused on the Federal Court proceedings and following judgment the campaign may be extended if appeals become necessary.

Funding Goal

Total: $150,000
This amount is intended to cover the initial Federal Court hearing.

Proposed Use of Funds:

• Solicitor fees
• Barrister fees (senior and junior)
• Ongoing evidence gathering
• Witness interviews
• Court appearances
• Urgent injunction applications
• Preparations of Submissions
• Analysis of judgments and appeal prospects

If Funding is Insufficient

The litigation will continue to require funding. Rather than creating new campaigns, preference for extending the existing campaign as matters/cases progress through courts. This is to be reviewed after Federal Court outcome when prospects for success become clearer.

 Surplus Funds

Any surplus funds would be put towards future legal work assisting refugees.

 Campaign Promotion

Proposed monthly updates with significant updates following hearings and when judgments are delivered. An explanation of key developments at each stage of proceedings for donors that are unaware of the legal process.

Promotion will be done through organisation social media channels, newsletter and refurbishing of the organisation website.