DWN027 v The Republic of Nauru [2018] HCA 20

MIGRATION; WORDS AND PHRASES
Judgment type: 
High Court of Australia
Judge(s): 
Kiefel CJ, Gageler and Nettle JJ
Parties: 

DWN027 v The Republic of Nauru

Judgment Date: 
16 May 2018
Catchwords: 

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".

 

Convention on the Rights of the Child (1989), Arts 2, 3(1).

International Covenant on Civil and Political Rights (1966).

Nauru (High Court Appeals) Act 1976 (Cth), s 5.

Refugees Convention Act 2012 (Nr), ss 4, 43.

Citation: 
[2018] HCA 20