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 Supreme Court of Nauru held Tribunal made error of law – Where Supreme Court of Nauru dismissed appeal – Whether Supreme Court of Nauru erred holding remittal to Tribunal futile.
Words and phrases – "dependant", "derivative status", "futile", "refugee", "Refugee Determination Record", "remit", "taken to have been validly determined".
Refugees Convention Act 2012 (Nr) – ss 3, 5, 6, 31(5).
Refugees Convention (Amendment) Act 2014 (Nr).
Refugees Convention (Derivative Status & Other Measures) (Amendment) Act 2016 (Nr).
Judgment date
Case number
M146/2017
Before
Kiefel CJ, Gageler, Nettle JJ
Catchwords