Hundreds of foreign-born criminals who were let out onto Australian streets following a landmark High Court decision will be deported to Nauru, after Home Affairs Minister Tony Burke signed a $400 million deal with the Pacific island nation.

Burke’s office released a statement to the Home Affairs website yesterday, explaining that the minister had met with Nauru President David Adeang and his cabinet to sign a memorandum of understanding that the nation would take members of the NZYQ group.

The NZYQ cohort refers to the 350 foreign-born criminals who were released from detention after a high court ruling in November 2023, which found that the indefinite detention of non-citizens was unconstitutional, unless there was a plan to have them removed from the country.

Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, Minister for the Arts and Leader of the House Tony Burke arrives for Question Time at Parliament House in Canberra on Thursday 28 August 2025. fedpol Photo: Alex EllinghausenHome Affairs Minister Tony Burke signed a $400 million deal with the Pacific Island Nation. (Alex Ellinghausen)

The group, including convicted murderers and paedophiles, where released into the community after refusing to be deported to their home countries.

Burke’s office published just two lines from the Minister about the agreement to deport the released detainees.

“Anyone who doesn’t have a valid visa should leave the country,” he said.

“This is a fundamental element of a functioning visa system.”

The agreement states that Nauru will provide long-term residence to those who have no legal right to stay in Australia, the minister’s office said.

Nauru island: the entire country seen from above - Island surrounded by the coral reef - the oval island has a narrow coastal belt where settlements are located, the interior known as 'topside' is  a barren plateau of jagged limestone pinnacles due to the environmental damage caused by phosphate mining - Yaren and the airport on the left - South Pacific Ocean.The Minister’s office said the agreement states that long-term residence of people who have no legal right to stay in Australia will be deported to Nauru. (Getty)

It will continue to apply to all detainees who fall under the NZYQ cohort, the statement says.

On Friday, Nauru’s parliament’s session revealed that Australia committed $408 million upfront to the island nation as part of the agreement, according to the Sydney Morning Herald.

Australia will also pay $70 million to the nation annually to cover the ongoing cost’s of the resettlement.

The agreement will be officially activated when the first detainees arrive in Nauru.

The agreement will be officially activated when the first detainee's arrive in Nauru. The agreement will be officially activated when the first detainee’s arrive in Nauru. (Getty Images/iStockphoto)

It comes two days after Burke was accused of rushing through laws that strip foreign-born criminals of their right to fair process when the government tries to deport them to a third country.

“Procedural fairness is a fundamental principle in many areas of decision-making. However, these provisions can and are being used by non-citizens to delay and frustrate their removal,” Burke told the federal parliament on Tuesday.

The move has faced backlash from the Greens and human rights groups, who say the agreement is cruel.