The federal government insists it does have the power to deport failed asylum seekers from Afghanistan under a new agreement with the Afghan government.
Immigration Minister Chris Bowen signed the deal with Afghan Refugee Minister Jamaher Anwary earlier this month.
Mr Bowen hailed the deal as a major breakthrough in border security. But Dr Anwary appeared to back away from the deal in comments aired by the ABC on Tuesday.
Dr Anwary says the deal does not allow Australia to involuntary deport failed asylum seekers back to Afghanistan and claims to the contrary are propaganda.
But Mr Bowen on Tuesday insisted otherwise.
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"Of course, it's the preference of the governments of both Australia and Afghanistan - and the United Nations High Commissioner - that these returns be voluntary wherever possible," Mr Bowen's spokeswoman said.
"But the MoU does provide for involuntary returns."
Opposition immigration spokesman Scott Morrison said the agreement appeared to be unravelling after just two weeks.
"Just like the never-never East Timor solution this is another foreign affairs mess in asylum policy," he said in a statement.
"It remains an open question as to whether the government will now follow through, especially given the confusion surrounding the Afghan agreement."
The agreement, which is not legally binding, has been condemned by rights groups that fear returned Afghans will be put in danger.
