WET 052 v The Republic of Nauru

The Federal Court of Australia heard an appeal in *WET 052 v The Republic of Nauru*. The dispute concerned the lawfulness of the detention of the appellant, WET 052, on Nauru under arrangements with the Commonwealth of Australia. The appellant sought to challenge the validity of his detention, arguing it was unlawful.

The central legal issue before the Full Court was whether the detention of WET 052 on Nauru, pursuant to agreements between Australia and Nauru, was contrary to Australian law. This involved considering the extraterritorial reach of Australian law and the extent to which Australian courts could grant relief in respect of actions taken outside Australian territory, particularly concerning the detention of a person in a foreign jurisdiction under arrangements with the Australian government.

The Court's reasoning focused on the principle that Australian courts generally lack jurisdiction to grant relief in respect of acts done in a foreign country, even if those acts are facilitated or arranged by the Australian government. Applying this principle, the Court held that it could not grant the relief sought by WET 052 as the detention occurred in Nauru and was not subject to the direct jurisdiction of Australian courts. The Court distinguished this situation from cases where Australian law might have direct extraterritorial application or where the relief sought would operate directly on the Australian government within Australia.