DEPARTMENT OF JUSTICE AND BORDER CONTROL REPUBLIC OF NAURU

Information and Q&A to support GoN group messaging to transferees prior to determination hand downs

DISCUSSION POINTS • The Government of Nauru will start handing down the first group of refugee determinations

in the coming weeks and anticipate handing down a batch of determinations every month going forward.

• It may take some time for you to receive your determination. You need to be patient while determination hand downs are underway.

• Determination hand downs will be done where possible based on your date of arrival in Nauru. In some cases a determination hand down may not be done by date of arrival order as each case is complex, some cases take longer than others to determine.

• Your claims assistance provider (CAPs), as your representative, will explain the Government of Nauru determination to you and what options are then available to you.

• If you receive a positive determination you will be temporarily settled in Nauru. You will be provided with accommodation and initial settlement support services to assist you to transition into the Nauruan community.

• If you are found to be a refugee you will be settled in Nauru for a period of up to five years. You can still decide to return home at any time.

• If you receive a negative determination, you will receive a written statement of the reasons for this determination which your CAPs representative will explain to you. Your CAPs representative will schedule another appointment for you, after a few days, to discuss whether you wish to appeal a negative determination. Your other option is assisted voluntary return, and an appointment can be made for you with IOM to discuss that option and what assistance IOM can provide to you.

• If you break any Nauruan law while you are accommodated at the RPC awaiting your determination, for example you participate in any protest activity the Government of Nauru will consider that you are not of good character. Even if you are found to be a refugee you may not be settled in the Nauru community if you are not of good character. Remember your behaviour while in the RPC is visible to the Nauru community. The Nauru community are keen to welcome refugees who can contribute to the Nauru community in a positive way.

IF ASKED: When will I get my refugee determination?

The Government of Nauru will provide a batch of determinations every month affecting at least 60 individuals, so it may take some time for you to receive your determination. You need to be patient while determination hand downs are underway.

You can make an appointment to speak to your CAPs representative to discuss your appeal options at any time, including before you receive your determination.

You can make an appointment to speak with IOM regarding voluntary return home prior to receiving your determination.

If found to be a refugee:

If I am found to be a refugee what support can I expect?

You will be provided with support through a settlement case worker to access accommodation, health and welfare services, local schools/education, English language tuition, cultural orientation and assistance to find work in Nauru. Your settlement case worker will assess how much support you will need when you leave the RPC, not everyone will need the same level of support.

Nauru community leaders are keen to share with you what life is like in Nauru. They are also keen to hear your stories about your journey to Australia. Both the Nauru and transferee communities will have the opportunity to share experiences of living in Nauru and other communities. This is called cultural orientation.

Will I be able to work?

Yes. Your settlement case worker will assist you to find employment in Nauru. Where you have an existing skill/ qualification these may be recognised by the Government of Nauru.

You will have access to English language training, most Nauruan employers speak English.

If you are unskilled your settlement case worker will assist you with entry into the work force.

The Government of Nauru will support refugees establishing small businesses, if this business does not already exist in Nauru. You will need to apply for a business license from the Government of Nauru and the process for this will be explained to you by your settlement case worker.

What visa will I hold and can I travel?

The Government of Nauru will issue you with a Temporary Settlement Visa. You will be able to travel but you will need to apply for an entry permit to other countries in the same way you would from your home country. You are not guaranteed entry to other countries, that would be a decision for the country to which you wish to visit.

The Government of Nauru will issue you with a travel document that will allow you to leave, and re-enter Nauru.

How long will I be settled in Nauru?

You will be settled in Nauru for a period of up to five years.

What is the permanent settlement third country, where will I eventually be resettled?

Third countries are yet to be determined. You will not be resettled in Australia.

If I am not happy living in Nauru can I decide to go home?

Yes. You can decide to go home at any time.

If not found to be a refugee:

What will happen to me if I am not a refugee?

You will receive a statement of reasons why you are not a refugee and your CAPs representative will explain the reasons to you when you are provided with your determination. IOM can provide advice on your return options. Your CAPs representative will explain what your refugee determination appeal options are. You will be given a few days to consider your options before providing instruction to IOM or your CAPs representative.

If you choose to appeal your determination an independent panel of reviewers will examine the Government of Nauru determination. Your CAPs representative will assist you to provide the panel with your reasons why you think the Government of Nauru’s determination is not correct.

Under Nauruan law, you have the right to appeal to the Supreme Court if you consider that there was an error of law in the Tribunal’s determination. This may be a lengthy procedure and you will remain at the RPC during this period. You will not be provided with legal representation to assist you in your Supreme Court appeal. Any costs associated with a Supreme Court appeal would need to be met by you.