High Court of Australia

HFM043 v The Republic of Nauru [2018] HCA 37

15 Aug 2018

Case Number: M146/2017


Kiefel CJ, Gageler, Nettle 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 Supreme Court of Nauru held Tribunal made error of law – Where Supreme Court of Nauru dismissed appeal – Whether Supreme Court of Nauru erred holding remittal to Tribunal futile.

Words and phrases – "dependant", "derivative status", "futile", "refugee", "Refugee Determination Record", "remit", "taken to have been validly determined".

Refugees Convention Act 2012 (Nr) – ss 3, 5, 6, 31(5).

Refugees Convention (Amendment) Act 2014 (Nr).

Refugees Convention (Derivative Status & Other Measures) (Amendment) Act 2016 (Nr).

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