Nauru and the Rule of Law
1 Select Committee on the Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru Submission from the Hon Geoffrey M Eames AM QC Nauru and the Rule of Law In December 2010 I was appointed Chief Justice of the Republic of Nauru by President Marcus Steven. I held that position until I resigned on 13 March 2014. My resignation was forced, because the Nauru government of President Baron Waqa MP had revoked my visa, thus making it impossible for me to perform the role of Chief Justice. The actions of the Nauru government constituted a series of flagrant breaches of the Rule of Law. The fact that the government is not committed to the Rule of Law should be a matter of concern to the Australian government. Removal of an independent judiciary Resident Magistrate and Registrar of the Supreme Court, Peter Law, was arrested on 19 January 2014, forced on to an aeroplane and deported under police escort. No reasons were given to him by the government for this extraordinary action. The reasons, however, are now very clear – Mr Law had offended the Minister for Justice and Border Control, Mr David Adeang, by making interim orders, as Registrar, restraining the unlawful deportation of two expatriate businessmen, an Australian, Rod Henshaw, and a Fijian, Mohammed Haneef. The Resident Magistrate granted the applicants leave to commence judicial review proceedings. David Adeang, was incensed by Peter Law’s orders because he believed, wrongly, that under legislative amendments to the Immigration Act 1999 that had been steered through Parliament by him in December 2013, non-citizens could be deported without notice, or grounds, and were denied the right to review his decisions in the courts.
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