MEG027 & Anor v Republic of Nauru

[2017] HCATrans 214

[2017] HCATrans 214

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M21 of 2017

B e t w e e n -

MEG027

First Appellant

MEG026

Second Appellant

and

THE REPUBLIC OF NAURU

Respondent

NETTLE J
GORDON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON TUESDAY, 24 OCTOBER 2017, AT 9.30 AM

Copyright in the High Court of Australia

NETTLE J:   In this matter, the appellants appeal to this Court from the decision of his Honour Justice Khan of the Supreme Court of Nauru made on 7 February 2017.  His Honour had dismissed an appeal against a decision of the Refugee Status Review Tribunal which had affirmed a decision of the Secretary to the Department of Justice and Border Control that the appellants were not recognised as refugees and not owed complementary protection under the Refugees Convention Act 2012 (Nr).

Since the appeal was filed in this Court, the first appellant, MEG027, was recognised as a refugee pursuant to the Refugees Convention Act 2012 (Nr) on 30 August 2017, and the second appellant, MEG026, was recognised as a refugee pursuant to the Refugees Convention Act 2012 (Nr) on 12 September 2017.

On 10 October 2017, the parties to this proceeding filed a consent.  The Court now makes the following orders by consent:

1.The appeal from the decision of his Honour Justice Khan of the Supreme Court of Nauru made on 7 February 2017 be dismissed with no adjudication on the merits.

2.        There be no order as to costs.

I publish that order.

AT 9.32 AM THE MATTER WAS CONCLUDED