Nauru policing law change sparks fears over asylum seeker deportations

A recent, quiet amendment to Nauru's policing laws has sparked concerns that it may be designed to undermine legal challenges brought by asylum seekers fighting deportation from Australia. These individuals, part of the NZYQ cohort, are slated for resettlement in Nauru following a 2023 High Court ruling that deemed their indefinite detention unlawful.

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It was established under law to apply only to people sent to Nauru … But when it became apparent that it was probably going to ground legal challenges to prevent people being sent to Nauru, only a handful of weeks ago, they extended it to all Nauruans.

Introduced in March, the new laws granted powers to newly created community monitoring officers (CMOs) to restrain, search, and monitor individuals, including the use of "reasonable force." Initially, these powers were intended for "Australian transferees." However, shortly after whistleblower claims of threats of violence against these transferees by CMOs emerged in June, the legislation was amended to extend these powers to all individuals on the island.

Senator David Shoebridge criticized the move, stating it erodes civil liberties on Nauru and undermines the island's society due to the "toxic deal" between Australia and Nauru. He argued that the law's expansion, particularly after legal challenges began, suggests a deliberate attempt to obstruct these cases.

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So what we're seeing here is, because of the toxic deal between Australia and Nauru, for Australia's interests, it is undermining key pillars of civil society in Nauru.

Legal experts note the timing of the law changes. Sanmati Verma, legal director at the Human Rights Law Centre, pointed out that the CMO Act was amended in June 2026, after Federal Court cases challenging removal to Nauru had already commenced. Some of these cases argue that deportation constitutes unconstitutional punishment, referencing the 2023 NZYQ ruling. Verma indicated that these cases might present evidence of harsh conditions in Nauru, including restricted movement and lack of family reunion rights, making the CMO regime a significant factor in the legal battles.

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I think what's interesting is that the CMO Act was amended in June 2026, after these cases were commenced.