Ruhani v Director of Police [No 2]

Appeal from the Supreme Court of Nauru – Construction of legislation – Immigration Act 1999 (Nauru) ("the Act"), Immigration Regulations 2000 (Nauru) ("the Regulations").

Immigration – Refugees – Application for habeas corpus – Appellant brought to Nauru by Australian sea transport and granted a special purpose visa for entry and stay in Nauru on humanitarian grounds – Special purpose visa subject to conditions restricting residence in, and movement within, Nauru to sites designated by the Government of Nauru – Whether conditions beyond the power conferred upon the Principal Immigration Officer ("the PIO") of Nauru by the Regulations to attach such conditions as it thinks fit to special purpose visas – Whether the power to impose such conditions consistent with the power conferred by the Act upon the PIO to grant visa for entry into Nauru – Whether conditions may be severed from visa.

Immigration – Refugees – Application for habeas corpus – Where application for visa required under the Regulations to be made in writing and extension of a special purpose visa conditioned upon application by holder – Whether issue of appellant's special purpose visa invalid because appellant had not applied for it – Whether appellant's present special purpose visa a fresh visa or an extended visa – Whether, if an extended visa, extension was invalid because appellant had not applied for it.

Appeal – Mootness of issues raised by matter – Appellant in detention in Nauru granted Australian visa after lodging appeal to the High Court of Australia – Whether determination of appeal rendered moot as a result of grant of visa and removal of appellant to Australia – Order for habeas corpus can no longer be made – Whether proceedings present viable issue for the Court to determine.

Statutory construction – Nauruan legislation – Relevance of international law as an aid to interpretation – Right to liberty as fundamental principle of human rights – Relevance to determination of issues in appeal – Whether Nauruan laws providing for detention of immigrants to be subject to strict construction – Whether such laws applicable to appellant in circumstances of his detention under intergovernmental agreement between Nauru and Australia.

Immigration Act 1999 (Nauru) – ss 8, 9, 13 and 19.

Interpretation Act 1971 (Nauru) – s 69.

Immigration Regulations 2000 (Nauru) – Regs 12(4), 13(1) and 18.

Constitution of Nauru – Arts 5(1)(h), 5(4).