The Nauru opposition MP Roland Kun is due back in court this Friday in the next stage of a protracted attempt to reclaim his passport.
The Nauru government seized the passport in June after accusing him of being involved in an anti-government protest that the government says turned violent.
The country's chief justice, Ratu Joni Madraiwiwi, ruled against the government's move to strike out Mr Kun's application, but advised Mr Kun to amend it to include the name of the Justice Minister, David Adeang.
The government has lodged objections to his attempt to amend the application, and the court will hear its reasons on Friday.
Mr Kun is being represented by a pleader, as his lawyer, Australian Georgie Coleman, who has been admitted to the Nauru bar, has not been able to attend.
Ms Coleman had a special purpose visa but was told she needs a new business visa, costing $US4,400 dollars.
The similar case of another opposition MP, Kieren Keke, has also been moved to the Supreme Court.