Full Court Minute Books

Case M151/2017

EMP144 v. Republic of Nauru

Case No.

M151/2017

Case Information

Lower Court Judgment

27/09/2017 Supreme Court of Nauru (Khan J)

[2017] NRSC 73

Catchwords

Migration – Nauru (High Court Appeals) Act 1976 (Cth) – Refugees Convention Act 2012 (Nr) – Where appellant applied to Nauru for refugee status determination under Act – Where Secretary of Nauru Department of Justice determined appellant not refugee and not entitled to complementary protection – Where Refugee Status Review Tribunal affirmed Secretary’s determination – Where Supreme Court of Nauru dismissed appeal – Whether Supreme Court erred by failing to conclude Tribunal failed to consider objections to relocation under Refugees Convention – Whether Supreme Court erred in failing to conclude Tribunal denied appellant procedural fairness – Whether Supreme Court erred by failing to conclude Tribunal failed to consider integers of complementary protection claim – Whether Supreme Court erred in failing to conclude Tribunal misapplied Nauruan law of complementary protection by applying “reasonable relocation” test.   

Short particulars

Documents

11/10/2017 Notice of appeal

16/11/2017 Written submissions - redacted (Appellant)

16/11/2017 Chronology - redacted (Appellant)

12/12/2017 Written submissions (Respondent)

19/01/2018 Reply (Appellant )

31/01/2018 Amended chronology - redacted (Appellant)

31/01/2018 Amended reply (Appellant)

07/02/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

07/02/2018 Outline of oral argument on common grounds (Appellant)

07/02/2018 Outline of oral argument on common grounds (Respondent)

07/02/2018 Outline of oral argument (Appellant)

08/02/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

08/02/2018 Outline of oral argument (Respondent)