CRI028 v The Republic of Nauru [2018] HCA 24

HIGH COURT OF AUSTRALIA

BELL, GORDON AND EDELMAN JJ

CRI028 APPELLANT

AND

THE REPUBLIC OF NAURU RESPONDENT

CRI028 v The Republic of Nauru [2018] HCA 24 13 June 2018 M66/2017

ORDER

1. Appeal allowed with costs.

2. Set aside the order of the Supreme Court of Nauru made on 11 May 2017, and in its place order that:

(a) the appeal be allowed;

(b) the decision of the Refugee Status Review Tribunal made on 13 August 2015 be quashed; and

(c) the matter be remitted to the Refugee Status Review Tribunal for redetermination according to law.

On appeal from the Supreme Court of Nauru

Representation

W G Gilbert SC with A F L Krohn for the appellant (instructed by Clothier Anderson Immigration Lawyers)

C J Horan QC with N M Wood 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

CRI028 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 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).