An Iranian man who murdered his wife has been booted to Nauru by Australia just 24 hours after losing his landmark court bid to prevent deportation.
The High Court unanimously dismissed an appeal by the man, known in the proceedings as TCXM.
The man spent years in court trying to avoid deportation, but was flown to the region shortly after the final decision was handed down.
Immigration Minister Tony Burke hailed the decision as a warning for refugees who commit crimes and then refuse to leave Australia.
“If you’re on a visa you’re a guest in Australia. If the visa is cancelled that means you leave,’’ Mr Burke told news.com.au
“A cancelled visa must have consequences in our migration system,” Mr Burke said.
Australia last year agreed to pay Nauru $408 million for the resettlement of unwanted noncitizens who could not be deported to their country of birth.
The deported man is an Iranian citizen who arrived in Australia in 1990 and was granted a (protection) visa in 1995.
Four years later, he was convicted of murdering his wife and sentenced to 22 years’ imprisonment.
His protection visa was cancelled in 2015, and he subsequently exhausted all avenues to review and appeal that decision.
In November 2023, he was identified as being affected by the High Court’s decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs.
As a result, he was granted a Bridging (Removal Pending) visa and released from immigration detention.
In 2024, the Migration Amendment Act 2024 (Cth) came into force and introduced ‘third country reception arrangements,’ leading to arrangements last year for him to be sent to Nauru.
He was then taken into immigration detention on 16 February 2025 in preparation for the relocation, before he filed an application in the Federal Court seeking a review on the grounds of procedural fairness.
His lawyers argued that his removal to Nauru was not ‘reasonably practicable’ due to his serious health issues.
Australia announced the deal with Nauru to deport criminals on bridging visas who were unable to be removed from the country on character grounds.
In a statement, the Albanese Government said it anticipated this arrangement with Nauru may be challenged in the Australian courts.
“We are confident in the laws we put in place last year to protect community safety,’’ Mr Burke said.
“The NZYQ cohort consists of people who broke Australian laws and, in doing so, surrendered their rights to stay in Australia.”
That confidence was rewarded this week in the decision by the High Court.
It follows the government’s introduction of the Migration Amendment (Removal and Other Measures) Bill 2024, which would have allowed the Minister to direct people – under the threat of imprisonment – to return to countries where they claim to have a fear of persecution and death.
“When somebody has come and treated Australians in a way that shows appalling character, their visas do get cancelled, and when their visas are cancelled, they should leave,’’ Mr Burke said.
“The government of Nauru determines who gets visas to go there. All three, though, are violent offenders. One is a murderer.”
“There was a cost before that when they were being held in prison. But no cost has been greater than the cost to the Australian community of their crimes.”
