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Refugees Convention (Validation and Amendment) Act 2016

REPUBLIC OF NAURU

Refugees Convention (Validation and Amendment) Act 2016

No. 2 of 2016
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An Act to amend the Refugees Convention Act 2012

Certified: 29th January 2016

Table of Contents

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Enacted by the Parliament of Nauru as follows:

1 Short title

This Act may be cited as the Refugees Convention (Validation and Amendment) Act 2016.

2 Commencement

(1) Sections 9 and 10 of this Act shall commence on 9 September 2013.

(2) All other provisions in this Act shall commence upon certification by the Speaker.

3 Indication of retrospective commencement

Sections 9 and 10 of this Act are taken to have commenced on 9 September 2013.

4 Refugees Convention Act 2012 amended

The Refugees Convention Act 2012 is amended by the provisions of this Act.

5 Definitions

In this Act:

‘principal act’ means the Refugees Convention Act 2012.

‘commencement day’ means the day on which the provisions of this Act, other than sections 9 and 10, commences.

6 Validation of Tribunal appointments

For the avoidance of doubt, any appointment or purported appointment made pursuant to s 13 of the principal act between 9 September 2013 and commencement day, which would have been validly made if, at the time of the appointment or purported appointment, s 13(2) of the principal act had been in the terms substituted by section 9 of this Act is taken to have been, and always to have been, validly made.

7 Validation of Tribunal decisions

For the avoidance of doubt, any decision or purported decision of the Tribunal made with respect to an application to the Tribunal under s 31 of the principal act for merits review of a decision or determination of the Secretary, between 9 September 2013 and commencement day, which would have been validly made if, at the time of the appointment or purported appointment of each member constituting the Tribunal, s 13(2) of the principal act had been in the terms substituted by section 9 of this Act is taken to have been validly made on the day it was in fact made.

8 Validation of notices of appeal filed pursuant to s 43 of the Act

For the avoidance of doubt, any notice of appeal filed pursuant to s 43(1) of the principal act between 9 September 2013 and commencement day, which would have been competent if, at the time of filing, s 43(1) of the principal act had been in the terms substituted by section 10 of this Act, is taken to have been, and always to have been, competent.

9 Amendment of section 13

Omit subsection (2)

(2) A person is eligible for appointment as the Principal Member or as a Deputy Principal Member only if the person is qualified to be appointed a judge of the Supreme Court.

Substitute

(2) A person is eligible for appointment as the Principal Member or as a Deputy Principal Member if the person meets one or more of the following requirements:

(a) the person is qualified to be appointed a judge of the Supreme Court.

(b) the person is or has been a member of the Tribunal.

(c) the person has been admitted as:

• (i) a barrister or solicitor in England, Northern Ireland or the Republic of Ireland, as an advocate, law agent or writer to the Signet in Scotland, as a barrister or solicitor, or as a barrister and solicitor, in Australia or New Zealand; or
  
• (ii) a legal practitioner (whether described as a barrister, a solicitor or in any other way) in any other country duly notified by the Minister for the purposes of section 5(a) of the Legal Practitioners Act 1973;
  

and the person has:

(iii) has been so admitted for not less than five years; and

(iv) not been struck off the roll of practitioners, or equivalent list, maintained by any Court in which the person was so admitted.

10 Amendment of section 43

Omit subsection (1)

(1) A person who, by a decision of the Tribunal, is not recognized as a refugee may appeal to the Supreme Court against that decision on a point of law.

Substitute

(1) A person may appeal to the Supreme Court on a point of law against that decision of the Tribunal where the Tribunal has decided that the person:

• (a) is not recognized as a refugee; or
  
• (b) is not owed complementary protection