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QLN147 v The Republic of Nauru

[2018] HCA 41
Judgment date
Case number
M27/2018
Before
Kiefel CJ, Gageler, Nettle JJ
Catchwords

Nauru – Appeal as of right from Supreme Court of Nauru – Refugees – Where Secretary of Department of Justice and Border Control refused application for complementary protection – Where Refugee Status Review Tribunal affirmed Secretary's decision – Where appellant claimed he would be subject to cruel, inhuman or degrading treatment if returned to Sri Lanka – Where basis for claim was that appellant may be remanded in prison if returned to Sri Lanka and prison conditions in Sri Lanka are poor – Whether Tribunal had regard to material before it concerning prison conditions in Sri Lanka – Whether reasons of Tribunal met standard required by s 34(4) of Refugees Convention Act 2012 (Nr).

Words and phrases – "cruel, inhuman or degrading treatment", "duty to give reasons", "prison conditions".

Refugees Convention Act 2012 (Nr) – ss 5(1), 6(1), 34(4).

Files
41.rtf (92.32 KB)
41.pdf (93.3 KB)