Nauru Court of Appeal

The Court of Appeal listed a further session of two weeks allocated to consider refugee appeals.

Acting President of the Court of Appeal Justice Dr Shirani Bandaranayake opened the session, 22 August and is pleased that the court was able to streamline most of the matters pending before the Appeals Court.

“After several years today, the full bench will be sitting for the first time [since 2018] to commence its appellate work and we would be taking for hearing one of the criminal appeals,” Justice Bandaranayake said.

The new Nauru Court of Appeal was set to hear their application this week but it has been put off until next year, although a date is yet to be set.

The Nauru 19, which includes a former president of the country, had been charged over an anti-government protest more than three years ago.

In September the group successfully sought a permanent stay on legal proceedings against them, arguing the trial process had dragged on too long and that the government had not met a court order to meet some of the costs.

On Tuesday 4 December, Nauru formally opened the Court of Appeal, allowing the country, for the first time, to take full ownership and responsibility for all aspects of its justice system.

In January this year, President Baron Waqa told Parliament that, “Severance of ties to Australia’s highest court is a logical step towards full nationhood and an expression of confidence in Nauru’s ability to determine its own destiny.” 

On May 10, 2018, the Act came into force which provided for the establishment of the Nauru Court of Appeal as the final appellate court.