Fighting for fairness to end deportation to danger

Saturday, June 14 2025

Dear friends of Refugee Legal,

Right now, we’re fighting to secure fairness for people at risk of being deported to places of danger.

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These people were refused protection years ago under the fundamentally unfair Fast Track process—without the right to a hearing on review. A process routinely resulting in serious miscarriages of justice on what are so often life or death matters. Endangering lives.

A process so unfair that this Government recently abolished it.

Despite this, the Government is seeking to deport some people refused without due process.

Time and time again, we have pleaded people’s cases for reassessment of protection—to ensure their claims are properly heard.

And yet, our detailed legal submissions to the Minister for reassessment have been ‘intercepted’ by the Department of Home Affairs. But the problem is: under Australian law, only the Minister has the power—personally—to permit reassessment.

The Government maintains there is no requirement to ‘bring to the attention’ or ‘refer’ a request for reassessment to the one person in the country with the legal power to decide—the Minister.

The same problem has applied for some people barred from directly applying for protection at all—again, their fate residing in the hands of the Minister. And our requests for permission to apply again being intercepted by the Department.

The upshot: We’ve had to resort to bringing multiple urgent injunctions in the Court to prevent our clients being deported without having their request to the Minister for assessment or reassessment—under a fair process—considered. All injunctions have been granted.

Next month, the Full Federal Court will hear challenges* brought by two of our clients from Pakistan on the failure of the Department of Home Affairs to refer their requests to the Minster for permission to apply for protection due to their fears at the hands of the Taliban.

Our clients are asking the Court: does the Government have the power to intercept and not refer such requests to the Minister? Does the Department have a duty to bring to the attention of—or refer—these matters to the Minister?

Right now, we are continuing to fight to secure fairness for many thousands of people who seek our help—through direct legal action for many, strategic litigation, and major reform—for systemic change.

Our profound thanks to the many of you who have already donated.

If you haven’t already, please consider giving to our End of Financial Year Appeal. Your tax-deductible donations will be matched by our pro bono partners up to $75,000 until 30 June – doubling the impact of your gift.

Sincerely and with thanks,

David Manne
Refugee Legal
CEO & Principal Solicitor

* GMS24 v Commonwealth Australia & Anor; VID879/2024
GVP24 v Commonwealth Australia & Anor; VID894/2024