HFM045 v The Republic of Nauru [2017] HCA 50

HIGH COURT OF AUSTRALIA

BELL, KEANE AND NETTLE JJ

HFM045 APPELLANT

AND

THE REPUBLIC OF NAURU RESPONDENT

HFM045 v The Republic of Nauru [2017] HCA 50 15 November 2017 M27/2017

ORDER

1. Appeal allowed.

2. Set aside the order of the Supreme Court of Nauru made on 22 February 2017, and in its place order that:

(i) the appeal be allowed;

(ii) the decision of the Refugee Status Review Tribunal made on 16 January 2015 be set aside;

(iii) the matter be remitted to the Refugee Status Review Tribunal for determination according to law; and

(iv) the respondent pay the appellant's costs of the proceedings before the Supreme Court of Nauru and of the proceedings to date before the Refugee Status Review Tribunal.

3. The respondent pay the appellant's costs of the appeal to this Court.

On appeal from the Supreme Court of Nauru

Representation

P J Hanks QC with R Chaile for the appellant (instructed by Holding Redlich)

G R Kennett SC with R C Knowles for the respondent (instructed by Republic of Nauru)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

HFM045 v The Republic of Nauru

Migration – Refugees – Appeal from Supreme Court of Nauru – Procedural fairness – Where Refugee Status Review Tribunal must act according to principles of natural justice – Where Refugee Status Review Tribunal did not provide appellant with notice of adverse country information relevant to Tribunal's determination on which it ultimately relied – Whether failure by Tribunal to put substance of information to appellant constituted breach of requirements of procedural fairness.

Words and phrases – "complementary protection", "natural justice", "procedural fairness".

Appeals Act 1972 (Nr), s 44. Nauru (High Court Appeals) Act 1976 (Cth), s 5, Schedule, Art 1. Refugees Convention Act 2012 (Nr), ss 37, 40(1). Refugees Convention (Derivative Status & Other Measures) (Amendment) Act 2016 (Nr), s 24. Refugees Convention (Amendment) Act 2017 (Nr), s 4. Convention relating to the Status of Refugees (1951) as amended by the Protocol relating to the Status of Refugees (1967).