High Court of Australia

DWN027 v The Republic of Nauru [2018] HCA 20

16 May 2018

Case Number: M145/2017

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 – 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 Tribunal failed to take into account factors relevant to appellant's ability reasonably to relocate – Whether Tribunal required under Convention on the Rights of the Child (1989) to give primary consideration to best interests of appellant's child.

Words and phrases – "best interests of children", "best interests of the child", "complementary protection", "internal relocation", "reasonable internal relocation", "reasonable relocation", "refugee", "well-founded fear of persecution".

Convention on the Rights of the Child (1989) – Arts 2, 3(1).

International Covenant on Civil and Political Rights (1966).

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

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