TOX096 v The Republic of Nauru

The High Court of Australia heard an appeal in *TOX096 v The Republic of Nauru*. The dispute concerned the Republic of Nauru's liability for alleged breaches of its obligations under the *Migration Act 1958* (Cth) and international law, arising from the detention of the appellant, TOX096, at the Regional Processing Centre on Nauru. The appellant sought damages for alleged personal injuries and psychological harm suffered during this period.

The central legal issues before the High Court were whether the Republic of Nauru owed a duty of care to TOX096, and if so, whether that duty had been breached, causing the alleged harm. The Court also considered the scope of Nauru's obligations under international law and whether these could found a cause of action in Australian domestic law for damages.

The Court's reasoning focused on the principles of sovereign immunity and the extraterritorial application of Australian law. It was held that Australian domestic law, including the *Migration Act*, does not generally apply extraterritorially to create obligations owed by a foreign sovereign state to individuals detained in that state's territory. Furthermore, the Court affirmed that sovereign immunity generally precludes Australian courts from exercising jurisdiction over foreign states in such matters, absent a clear statutory waiver or exception. The Court found no basis in the *Migration Act* or common law to impose a duty of care on the Republic of Nauru in these circumstances.

The appeal was dismissed.