Australian Court Dismisses Iranian Man's Appeal Against Deportation to Nauru

An Iranian man convicted of murdering his wife has lost his appeal against deportation from Australia to the Pacific island nation of Nauru. Seven judges dismissed the appeal unanimously against an order issued last year that would send the man, identified in court only as TCXM, to Nauru on a 30-year visa.

The country has a population of around 12,000 people. TCXM remains in Australia while arrangements for his removal are finalized, and the timing of his deportation is not yet known.

TCXM came to Australia from Iran in 1990 and received a protection visa in 1995. He was sentenced to 22 years in prison in 1999 for the murder of his wife. His visa was canceled and he was moved from prison to immigration detention in 2015, where he remained for eight years.

Iran does not accept the forced return of its citizens by other governments. Australia maintains a policy of not returning refugees to countries where they face a risk of persecution. TCXM was one of the first three noncitizens selected for resettlement in Nauru under a new bilateral agreement.

A 2023 court decision found that stateless people or those who could not be returned to their home countries could no longer be held indefinitely in Australian detention. More than 350 people, many of them convicted criminals including TCXM, were subsequently released into the community on temporary visas.

The test case that prompted the policy change was brought by a convicted child molester identified in court as NZYQ, a refugee from Myanmar's Rohingya Muslim minority. The government reached an agreement last year to pay Nauru 408 million Australian dollars, equivalent to 296 million U.S. dollars, for resettlements of up to 30 years.

Nauru will also receive an annual payment of 70 million Australian dollars, or 51 million U.S. dollars. Eight men have been resettled there so far. Immigration Minister Tony Burke issued a statement after the ruling. “I welcome the decision of the court.

A canceled visa must have consequences in our migration system,” said Burke, who had contested the man's appeal of the deportation order.

in the Appeal TCXM argued that medical services on Nauru were inadequate to treat his severe asthma. He also contended that Australia's agreement with Nauru was unlawful and that the deportation order was punitive, which he said would violate the Australian constitution.

The constitution states that punishment must be imposed by courts rather than by the government. The man's challenge was first rejected by a federal court judge. Wednesday's decision by the highest court ended his legal options. Australia previously paid Nauru and Papua New Guinea to house asylum seekers who arrived by boat, a policy that has largely ended people smuggling from Southeast Asian ports.