An even tighter cap on stranded Australians being allowed to return home has been deemed a human rights abuse by refugee experts.
National Cabinet last week agreed to halve the weekly number of arrivals from overseas from 6,070 to 3,035, following a campaign from Queensland Premier Annastacia Palaszczuk.
The more than 34,000 Australians stranded overseas now have an even tougher time getting home because of tougher Covid restrictions.
University of New South Wales refugee law academics Jane McAdam and Regina Jefferies said the restriction on Australian citizens and permanent residents being allowed to return home breached the United Nations International Covenant on Civil and Political Rights, which Australia is signatory to.
A clause in this UN covenant, which Australia ratified in 1980, said: 'No one shall be arbitrarily deprived of the right to enter his own country.'
Scroll down for video
An even tighter cap on stranded Australians being allowed to return home has been deemed a human rights abuse by refugee experts. Pictured is Rebecca Vickers who was stranded in the United States after her mother suffered a stroke
The legal professors said the international arrivals quota was 'arbitrary'.
'In light of this background, Australia's travel caps look like an arbitrary restriction on Australians' right to come home,' they said.
The legal scholars said the UN drafters of this covenant, during the 1950s, had never envisaged it would be used to exclude residents returning on health grounds.
They were scathing about parochial state premiers deciding the number of Australians being allowed to return home.
'It caves to demands by some state premiers,' they said.
'We now have a virtually unprecedented situation in which the states are controlling Australia's international border settings, and thousands of Australian citizens and residents — many of whom are vaccinated — continue to live in arbitrary exile.'
National Cabinet last week agreed to halve the weekly number of arrivals from overseas from 6,070 to 3,035, following a campaign from Queensland Premier Annastacia Palaszczuk.
A petition condemning Ms Palaszczuk's decision to travel to the Tokyo Olympics for Brisbane's 2032 Olympic Games has now attracted more than 60,000 signatures.
Queensland's Labor Premier said she would be quarantining in a hotel upon her return, instead of at home, which the petition pointed out was denying a place to an Australian in the queue.
'The people of Australia believe the Queensland government should lead by example,' the petition said.
'We hereby petition for Annastacia Palaszczuk to be DENIED the right to leave Australia at this time until she increases hotel quarantine capacity to such an extent that she will not take up a space that could have gone to a stranded Australian.'
A petition condemning Ms Palaszczuk's decision to travel to the Tokyo Olympics for Brisbane's 2032 Olympic Games has now attracted more than 60,000 signatures
Former Queensland premier Campbell Newman, who Ms Palaszczuk defeated in 2015, described her trip to Japan as 'blatant hypocrisy' as many others waited to be let back in, following her campaign to halve weekly arrival numbers.
'We don't want her to come back in. That's what the people in the petition are calling for, for her not to be allowed to have this sort of exemption,' he told Sky News presenter Peta Credlin.
'She spearheaded the cutting of those spaces. That's the hypocrisy, and she's essentially saying, "I'm more important than people who haven't seen their families in 18 months".'
Former Queensland premier Campbell Newman, who Ms Palaszczuk defeated in 2015, described her trip to Japan as 'blatant hypocrisy' as many others waited to be let back in, following her campaign to halve weekly arrival numbers
Brisbane Lord Mayor Adrian Schrinner and federal Sports Minister Richard Colbeck are also travelling to Japan with Ms Palaszczuk.
'This is an exciting time for Australian sport – securing the 2032 Games for Brisbane and Queensland will ensure Australia's momentum as a host of international sporting events is maintained for years to come,' Senator Colbeck said.
Ms Palaszczuk on Tuesday defended her trip, pointing out Australian Olympic Committee president John Coates said Brisbane's bid would be a 'disaster' without her physical presence in Japan.
Prime Minister Scott Morrison will be joining the International Olympic Committee meeting in Tokyo via video link.