CRI026 v The Republic of Nauru [2018] HCA 19

HIGH COURT OF AUSTRALIA

KIEFEL CJ, GAGELER AND NETTLE JJ

CRI026 APPELLANT

AND

THE REPUBLIC OF NAURU RESPONDENT

CRI026 v The Republic of Nauru [2018] HCA 19 16 May 2018 M131/2017

ORDER

1. Leave to amend the notice of appeal refused with costs.

2. Leave to be heard on Ground 3 refused with costs.

3. Appeal dismissed with costs.

On appeal from the Supreme Court of Nauru

Representation

A T Broadfoot QC with M L L Albert and S Gory for the appellant (instructed by Fitzroy Legal Service)

G R Kennett SC with A Aleksov for the respondent (instructed by Republic of Nauru)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

CRI026 v The Republic of Nauru

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.