In a statement on Home Affairs’ website, it was revealed that Burke met with Nauru’s President David Adeang and his cabinet to formalize an agreement. This memorandum of understanding allows Nauru to accept individuals from the NZYQ group.

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.

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

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 NZYQ group includes the 350 foreign-born criminals who were freed after the High Court decision in November 2023, which declared that non-citizens could not be held indefinitely without a removal plan.

This development follows recent criticism aimed at Burke for hastily enacting laws that limit the legal rights of foreign-born criminals during deportation proceedings to a third country. Burke stated in federal parliament on Tuesday that while procedural fairness is crucial in decision-making, these legal provisions are being exploited by non-citizens to obstruct their deportation.

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