DWN027 v The Republic of Nauru [2018] HCA 20

HIGH COURT OF AUSTRALIA

KIEFEL CJ, GAGELER AND NETTLE JJ

DWN027 APPELLANT

AND

THE REPUBLIC OF NAURU RESPONDENT

DWN027 v The Republic of Nauru [2018] HCA 20 16 May 2018 M145/2017

ORDER

1. Leave to adduce the additional document produced by affidavit dated 27 April 2018 refused with costs.

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

3. Appeal dismissed with costs.

On appeal from the Supreme Court of Nauru

Representation

C M Harris SC with M L L Albert for the appellant (instructed by Phi Finney McDonald)

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

DWN027 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 – 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".