High Court of Australia

CRI028 v The Republic of Nauru [2018] HCA 24

13 Jun 2018

Case Number: M66/2017


Bell, Gordon, Edelman JJ


Migration – Refugees – Appeal as of right from Supreme Court of Nauru –Where Secretary of Department of Justice and Border Control determined appellant not refugee – Where Refugee Status Review Tribunal affirmed Secretary's determination – Where appellant established well-founded fear of persecution – Where Tribunal found alternative "home area" – Whether Tribunal properly applied internal relocation principle – Whether Tribunal failed to consider family unity – Whether Supreme Court erred in affirming Tribunal's determination.

Words and phrases – "family unity", "home area", "in all the circumstances", "internal relocation principle", "reasonableness of relocation", "relocation".

Appeals Act 1972 (Nr) – s 44.

Nauru (High Court Appeals) Act 1976 (Cth) – s 5, Sched, Art 1.

Refugees Convention Act 2012 (Nr) – ss 3, 4, 5, 6, 22, 31, 34, 43, 44.

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

PDF MD5: 5ec3093bfdde18ce4e99e72f647a1f45
RTF MD5: ab8058486325ac740e997cbcc8bc8fb2