4 September 2025

Today, the Government passed a deeply disturbing bill that could strip refugees, people seeking asylum and individuals on temporary visas of their basic right to fairness. This will have a devastating impact on 80,000+ people.

What is the Anti-Fairness Bill?

The newly introduced Anti-Fairness Bill builds on three draconian laws passed in 2024 that gave the Government sweeping powers - including paid deals with third countries to accept deportees, forcing people to cooperate with deportation or face criminal charges, nationwide travel bans, and harsh restrictions in detention, like confiscating personal belongings.

It would:

• Remove the right to natural justice - this includes fair process, so the Government can take steps to deport people without giving them notice or a fair chance to respond,
• Validate past visa decisions even if they were made under laws that no longer apply or are being challenged in court,
• Shield the Government from accountability and block legal challenges that could have stopped wrongful deportations.

All of these could breach Australia's International Human Rights obligations.

Why this Bill threatens human rights

This Bill directly undermines access to natural justice; a basic principle in our legal system that ensures people are given notice when the Government is making a decision about them and have a fair chance to respond and be heard. It also protects people from biased decision making.

The rights to a fair hearing, to be heard and to be treated equally before the law are protected in international treaties Australia has signed.

The Bill will allow Government to take steps to deport people to life threatening danger, without notice or an opportunity to provide information.

People subject to this new law will be stripped of the chance to provide critical information like whether they could face death, torture, or persecution in a third country, have a serious medical condition and could suffer without access to care, and whether deportation would mean permanent separation from their family.

It would remove any obligation to notify the person or allow them to respond or object, even when sharing their personal details with another country, negotiating their deportation and applying for a visa on their behalf.

This bill creates an unfair legal process that could affect over 80,000 people, including anyone on a removal pathway - not just those with criminal records or exhausted appeals. It comes as the Government has signed a deal costing up to $2.5 billion over 30 years with Nauru to accept people deported from Australia.

Amnesty International Australia Refugee Rights Campaigner Zaki Haidari said:

"When the Government makes decisions on peoples' futures, especially when the decisions affect their safety and ability to see their family, they must do it fairly. This Bill entrenches the second-class treatment of migrants and refugees we have seen for many years. Australia must protect the rights and dignity of people seeking asylum, not deny them access to rights and basic principles of our legal system."

"When the Government makes decisions on peoples' futures, especially when the decisions affect their safety and ability to see their family, they must do it fairly. This Bill entrenches the second-class treatment of migrants and refugees we have seen for many years."

"It is shameful that the Government continues remove access to human rights from the most vulnerable people in our society, refugees and people seeking asylum".

Amnesty International is a global movement of more than 10 million people who take injustice personally. We are campaigning for a world where human rights are enjoyed by all - and we can only do it with your support.

Act now or learn more about our human rights work.