HFM043 v Republic of Nauru

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER AND NETTLE JJHFM043  APPELLANTANDTHE REPUBLIC OF NAURU  RESPONDENTHFM043 v The Republic of Nauru[2018] HCA 3715 August 2018M146/2017ORDER1.Appeal allowed.2.Set aside the order of the Supreme Court of Nauru made on 22 September 2017 dismissing the appellant's appeal and, in its place, order that:(a)the appeal to the Supreme Court of Nauru be allowed; and(b)the appellant's application for review be remitted to the Refugee Status Review Tribunal, differently constituted, for determination according to law.3.The respondent pay the appellant's costs of the appeal to this Court. On appeal from the Supreme Court of NauruRepresentationC L Lenehan with M L L Albert and E R Tadros for the appellant (instructed by Allens)C J Horan QC 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.CATCHWORDSHFM043 v The Republic of NauruMigration – Refugees – Appeal as of right from Supreme Court of Nauru – Where Secretary of Department of Justice and Border Control determined appellant not refugee – Where Refugee Status Review Tribunal affirmed Secretary's determination – Where Supreme Court of Nauru held Tribunal made error of law – Where Supreme Court of Nauru dismissed appeal – Whether Supreme Court of Nauru erred holding remittal to Tribunal futile.Words and phrases – "dependant", "derivative status", "futile", "refugee", "Refugee Determination Record", "remit", "taken to have been validly determined".  Refugees Convention Act 2012 (Nr), ss 3, 5, 6, 31(5).Refugees Convention (Amendment)...