CRI028 v The Republic of Nauru [2018] HCA 24

Judgment type: 
High Court of Australia
Bell, Gordon and Edelman JJ

CRI028 v The Republic of Nauru

Judgment Date: 
13 June 2018

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).

[2018] HCA 24