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Home Australia Blog Government Passes Law Allowing Resettlement of Non-Citizens

Government Passes Law Allowing Resettlement of Non-Citizens

In September 2025, the Home Affairs Legislation Amendment (2025 Measures No. 1) Act 2025 came into force. The Act makes changes to the Migration Act 1958, including giving the Commonwealth government the power to make arrangements for the resettlement of certain non-citizens in third countries. This page outlines the changes contained in the amending Act and the responses the new laws have received.

What are the changes?

The Act inserts a power into the Migration Act 1958 for the government to make arrangements for certain individuals who are non-citizens in Australia to be resettled in a third country (such as Nauru).

The Act also includes explicit statements that the rules of natural justice, also known as procedural fairness, do not apply when these powers are exercised.

Furthermore, it contains provisions stating that certain past visa decisions and other actions taken by the government, which may otherwise have been found to be invalid, are validated under the new law.

Third country reception arrangements

Section 198AHAA of the Act states that the rules of natural justice do not apply when the government exercises an executive power to:

enter into a third country reception arrangement with a foreign country: or
do anything preparatory to entering into a third country reception arrangement with a foreign country.

This exemption from the rules of natural justice applies to:

the Commonwealth government
the Immigration Minister
delegates of the Immigration Minister
officers of the Immigration Department.

The principles of natural justice, which are fundamental to administrative law, have the two main requirements:

that a person must be given a reasonable opportunity to be heard and present their case before a decision is made that affects their interests; and
that this decision must be made by a decision-maker who is free from bias.

Validation of things done in the past

The Act contains a provision that validates actions taken before the Act was passed that would have been wholly or partly invalid because of a failure to observe the rules of natural justice. This applies to actions done in relation to third-country reception arrangements with foreign countries.

The Act also contains a provision that validates past visa decisions that would have been wholly or partly invalid because they authorised the detention of an unlawful non-citizen who had no real prospect of removal (and was therefore facing indefinite detention).

Responses to the changes

Major concerns have been expressed about these changes to the Migration Act by human rights groups, legal experts, the community sector, and politicians.

The explicit exclusion of procedural fairness from decisions involving third-country reception arrangements has been strongly condemned, with critics saying these changes undermine basic administrative law protections.

Critics in the legal community have also argued that the new law flies in the face of administrative law principles such as legitimate expectations, transparency, and accountability.

Concerns have also been voiced about where this legislation sits within constitutional limits and whether the removal of natural justice and the validation of previously unlawful decisions is consistent with judicial review and other constitutional constraints.

Human rights organisations have argued that the laws conflict with Australia’s international obligations, including the rule against refoulement, laws concerning the treatment of stateless persons, and rights under the Refugee Convention.

Other concerns with the amending legislation include:

that the category of person who may be affected by the changes is extremely broad (‘removal pathway noncitizens’), and could potentially include thousands;
that the legislation was passed without adequate consultation and that details about how the laws will be implemented have not been disclosed;
that people removed to third countries may face very harsh conditions, including health risks and lack of access to basic services.

The government has argued that the changes are necessary to address the situation of legal uncertainty that has followed the High Court’s 2023 NZYQ decision.

The government also claims the measures will allow better management of public resources and address public concerns about non-citizens who are no longer eligible to stay in Australia but could not be removed previously.

Proposed Nauru settlement deal

On 29 August 2025, it was reported that Australia had signed a Memorandum of Understanding (MOU) with Nauru. Under the MOU, Nauru will accept formerly detained non-citizens, including those who have been convicted of criminal offences.

Australia will reportedly provide an upfront payment to Nauru of AU$408 million and payments of AU$70 million per year afterwards.

The MOU has not been released publicly, and no legislation has yet been passed in relation to the recent deal.

Widespread concerns have been expressed about the proposal, including the cost to the Australian taxpayer and the potential human rights violations involved.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.

Fernanda Dahlstrom

Content Editor

Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.

24 hours / 7 days

National Legal Hotline

National Legal Hotline

24 hours / 7 days

Government Passes Law Allowing Resettlement of Non-Citizens

What are the changes?

Third country reception arrangements

Validation of things done in the past

Responses to the changes

Proposed Nauru settlement deal

Fernanda Dahlstrom

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