Statement on Passing of Anti-Fairness Bill: “A Betrayal of Human Rights”

08 September 2025

At Jesuit Refugee Service (JRS) Australia, we are deeply saddened by the passing of the Albanese government’s Anti-Fairness Bill.  

The passing of the Home Affairs Legislation Amendment (2025 Measures No. 1) Bill 2025 marks another step by the Albanese government to strip migrants and people seeking asylum of the basic rights and protections that everyone should be guaranteed under law.

This new law gives the government the power to: 

  • Deport people from Australia without giving prior notice or the chance to respond, disregarding the very real risks to health, safety, and family unity that people will face if exiled to a country that is not their home.
  • Force people to comply with their own deportation, without warning and without establishing whether compliance would be safe, fair, or even possible.
  • Validate past visa decisions that were made incorrectly without due procedural fairness rather than allowing for them to be reconsidered and rectified.

Home Affairs Minister Tony Burke says this new law is only intended to apply to a small number of people with criminal convictions – however, the scope of the legislation goes beyond that cohort.

This law has been passed to facilitate the use of powers established in the three Brutal Migration Bills passed last year. A Senate inquiry into those Bills revealed they could impact up to 80,000 people.

This is not the Australia we believe in, nor the one we see in action every day in our work.
Fr. Brett O’Neill, S.J., Country Director of JRS Australia

Secret Nauru Deal 

This legislation is also tied to a secretive deal to relocate people seeking asylum in Australia to Nauru. Senate estimates suggest the cost to Australian taxpayers could be over $2.5 billion and up to $7 billion over the life of the deal. Nevertheless, there is no clarity about the number of people that could be deported, no transparency about how the funds will be used, and no guarantee that human rights will be protected.

“This law exposes people seeking safety in Australia to even greater fear of arbitrary and unjust detention and deportation to Nauru,” said Amelia Savage, Head of Policy, Advocacy and Communications at JRS Australia. “After years of uncertainty this is an extreme cruelty that will compound trauma and strip people of hope for a stable future.”

“The people we serve are among the most vulnerable in this country, and yet they contribute so much to our communities. Instead of offering fairness and compassion, the Government has chosen to strip people of their rights and potentially expose them to real danger.”

We must be clear: this fight is far from over.
Amelia Savage, Head of Policy, Advocacy and Communications at JRS Australia

This Government is failing Multicultural Communities. 

The passing of this law comes against the backdrop of rising anti-migrant sentiment and violent rallies on Australian streets seen last week. At a time when leadership is needed to reject hate and division, the Government has chosen instead to scapegoat already marginalised communities.   

“This is not the Australia we believe in, nor the one we see in action every day in our work,” said Fr. Brett O’Neill, S.J., Country Director of JRS Australia.  

“In schools, parishes, workplaces, and neighbourhoods, we witness extraordinary generosity, solidarity, and inclusion. Australians believe in fairness, dignity, and the equal worth of every person. This law represents the opposite: a deliberate and shameful step away from justice.” 

JRS calls on all Australians to reflect on the values we want to uphold as a nation.

We cannot accept laws that create unequal access to justice, where some are deemed less deserving of rights simply because of where they were born. 

“We must be clear: this fight is far from over,” said Amelia Savage.

“We will continue to stand with people seeking asylum and with all those who reject politics of fear and division. We will continue to speak out, to accompany, and to advocate until dignity and fairness are restored.” 

JRS Australia urges communities across the country to join us in standing with refugees, people seeking asylum, and migrants. Together, we can ensure that everyone feels safe, welcome, and valued here in Australia. 

Stay in touch.

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