High Court of Australia

CRI026 v The Republic of Nauru [2018] HCA 19

16 May 2018

Case Number: M131/2017

Before

Kiefel CJ, Gageler, Nettle JJ

Catchwords

Migration – Refugees – Appeal as of right from Supreme Court of Nauru – Where Secretary of Department of Justice and Border Control of Nauru ("Secretary") determined appellant not refugee under Refugees Convention Act 2012 (Nr) – Where Secretary determined Nauru did not owe appellant complementary protection under Refugees Convention Act – Where Refugee Status Review Tribunal ("Tribunal") affirmed Secretary's determinations on basis appellant could reasonably relocate within country of origin to place where persecutors had little or no influence or power – Where Tribunal's reasons contained typographical error – Where Tribunal issued corrigendum correcting error – Where Supreme Court of Nauru affirmed Tribunal's decision – Whether appellant's ability reasonably to relocate within country of origin relevant to claim for complementary protection – Whether typographical error in Tribunal's reasons disclosed error – Whether ability of appellant's family reasonably to relocate relevant to assessing appellant's ability reasonably to relocate – Whether Tribunal erred in failing to consider whether appellant's family able reasonably to relocate in assessing appellant's ability reasonably to relocate – Whether Tribunal's finding that persecutors had little or no influence or power in place of relocation supported by evidence.

Words and phrases – "complementary protection", "corrigendum", "freedom of movement", "internal flight alternative", "internal relocation", "non-refoulement", "reasonable internal relocation", "reasonable relocation", "refugee", "subsidiary protection", "typographical error", "well-founded fear of persecution".

Convention Relating to the Status of Refugees (1951) as modified by the Protocol Relating to the Status of Refugees (1967) – Art 1A(2).

Convention for the Protection of Human Rights and Fundamental Freedoms (1950) – Art 3.

International Covenant on Civil and Political Rights (1966) – Arts 2, 6, 7, 12.

Nauru (High Court Appeals) Act 1976 (Cth) – s 5.

Refugees Convention Act 2012 (Nr) – ss 3, 4, 43.
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