TTY167 v Republic of Nauru [2018] HCA 61

HIGH COURT OF AUSTRALIA

GAGELER, NETTLE AND EDELMAN JJ

TTY167 APPELLANT

AND

REPUBLIC OF NAURU RESPONDENT

TTY167 v Republic of Nauru [2018] HCA 61 5 December 2018 S46/2018

ORDER

1. The time fixed for the filing of the notice of appeal is enlarged to 12 March 2018.

2. Appeal allowed.

3. Set aside the orders made by the Supreme Court of Nauru on 20 February 2018 and, in their place, order that:

(a) the decision of the Refugee Status Review Tribunal dated 3 July 2016 be quashed; and

(b) the matter be remitted to the Refugee Status Review Tribunal for reconsideration according to law.

4. The respondent pay the appellant's costs of this appeal.

On appeal from the Supreme Court of Nauru

Representation

W G Gilbert SC with M L L Albert and J A Barrington for the appellant (instructed by Clothier Anderson Immigration Lawyers)

G R Kennett SC with P M 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

TTY167 v Republic of Nauru

Immigration – Refugees – Nauru – Appeal as of right from Supreme Court of Nauru – Where Secretary of Department of Justice and Border Control determined appellant not refugee and not owed complementary protection – Where appellant applied to Refugee Status Review Tribunal for merits review of Secretary's determination – Where Tribunal sent letter to "Team Leader" of claims assistance provider inviting appellant to attend hearing – Where appellant and his representatives failed to attend Tribunal hearing – Where Tribunal affirmed Secretary's determination in appellant's absence – Where Supreme Court affirmed Tribunal's decision – Whether invitation to attend Tribunal hearing given to appellant – Whether legally unreasonable for Tribunal to decide matter without taking further action to allow or enable appellant to appear.