EMP144 v The Republic of Nauru [2018] HCA 21

HIGH COURT OF AUSTRALIA

KIEFEL CJ, GAGELER AND NETTLE JJ

EMP144 APPELLANT

AND

THE REPUBLIC OF NAURU RESPONDENT

EMP144 v The Republic of Nauru [2018] HCA 21 16 May 2018 M151/2017

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of Nauru

Representation

J W K Burnside QC with M L L Albert for the appellant (instructed by Allens)

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

EMP144 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 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.