REFUGEE STATUS DETERMINATION
Summary:
On 28 June 2011 Nauru acceded to the Convention Relating to the
Status of Refugees done at Geneva on 28 July 1951 and the Protocol
Relating to the Status of Refugees done at New York on 31
January 1967. In 2012, Nauru passed the Refugees
Convention Act which gives effect to the Refugees Convention in
Nauru by incorporating the principles and obligations under the
Convention into the laws of Nauru. This ensures that Nauru is
satisfying its international obligations while at the same time
giving effect to the rights of asylum seekers and refugees. The Act
provides that a person may apply to the Secretary for Justice to be
recognised as a refugee and enshrines the principle
ofnon-refoulement.The Act also established the Nauru Refugee Review
Status Tribunal which can review negative determinations. The
Tribunal sits as a three member panel and must act according to the
principles of natural justice.
The purpose of RSD is to determine whether an asylum seeker fits
within the criteria of a refugee, as defined in Nauruan and
international law. This determination can have profound effects on
the life, livelihood and future of an individual, and Nauru is
committed to providing a procedure which is fair, transparent and
in accordance with the law.
In order to effectively implement its RSD functions, the
Department of Justice has compiled the Nauru
Refugee Status Determination Handbook.The Handbook provides
detailed guidance on boththe lawrelating to refugees as well as
step-by-step guidelines onthe processto follow when determining
whether a person is a refugee. The Handbook is primarily
drawn from UNHCR documents and guidelines, and has benefitted from
input and advice from international refugee law experts.
The process for refugee status determination, appeals and
outcomes is illustrated in the Nauru RSD
Process Map.