High Court of Australia

EMP144 v The Republic of Nauru [2018] HCA 21

16 May 2018

Case Number: M151/2017


Keifel CJ, Gageler, Nettle JJ


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 raise issue of whether appellant could reasonably relocate – Whether Tribunal failed to take into account factors relevant to appellant's ability reasonably to relocate – Whether Tribunal misunderstood country information.

Words and phrases – "complementary protection", "country information", "internal relocation", "reasonable internal relocation", "refugee", "well-founded fear of persecution".

Convention against Torture and Other Cruel – Inhuman or Degrading Treatment or Punishment (1984), Art 3.

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

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

Refugees Convention Act 2012 (Nr) – ss 4, 22(b), 34(4), 40(1), 43.

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