ETA067 v The Republic of Nauru

HIGH COURT OF AUSTRALIABELL, KEANE AND GORDON JJETA067  APPELLANTANDTHE REPUBLIC OF NAURU  RESPONDENTETA067 v The Republic of Nauru[2018] HCA 4617 October 2018M167/2017ORDERAppeal dismissed with costs.On appeal from the Supreme Court of NauruRepresentationG O'L Reynolds SC with J F Gormly and D P Hume for the appellant (instructed by Allens) G R Kennett SC with A Aleksov 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.CATCHWORDSETA067 v The Republic of NauruImmigration – Nauru – Refugees – Application for refugee status – Where Secretary of Department of Justice and Border Control determined appellant not refugee – Where Refugee Status Review Tribunal affirmed Secretary's determination – Whether Tribunal failed to act according to principles of natural justice – Whether Tribunal failed to assess evidence provided by appellant in relation to his claim to have a well-founded fear of persecution by reason of his political opinion – Whether Tribunal failed to give appellant an opportunity to comment on evidence concerning membership of political party – Whether Supreme Court of Nauru erred in affirming Tribunal's determination.Words and phrases – "evidence material to assessment", "principles of natural justice", "well-founded fear of persecution". Refugees Convention Act 2012 (Nr), ss 5, 22(b), 40(1).BELL, KEANE AND GORDON JJ.   The appellant, a 32 year old male, is a citizen of Bangladesh.  Until he left Bangladesh, the appellant had always lived in the same suburb in Dhaka.  On 19 December 2013,...