The High Court has allowed an appeal against a decision of the Supreme Court of Nauru on procedural fairness requirements of refugee status reviews. The appellant, a Nepalese citizen of the Hindu Chhetri caste, fled Nepal, arrived at Christmas Island and was then transferred to Nauru under the regional processing arrangement. He claimed refugee status in Nauru, claiming a fear of persecution from Maoist rebels on the basis of his political opinions and from Limbu tribe Mongols on the basis of his home district and caste membership. The Secretary of the Department of Justice and Border Control’s made a determination that he was not a refugee and could be returned to Nepal, which was upheld by the Nauruan Refugee Status Review Tribunal and the Supreme Court of Nauru. Before the High Court, the appellant contended that the Supreme Court erred in failing to hold, first, that the Tribunal denied him procedural fairness because it did not put him on notice of information that was relevant to its ruling — namely, the changed political circumstances in Nauru, the proportion of Chhetri caste members in the Nepalese army, and persons targeted by Limbuwans — and, secondly, that the Tribunal applied the incorrect test in evaluating the determination (at [5]).

The Court (Bell, Keane and Nettle JJ) rejected the second ground, but allowed the first in relation to the army composition point: the Tribunal was under a common law obligation Continue reading →