HFM045 v The Republic of Nauru

HIGH COURT OF AUSTRALIABELL, KEANE AND NETTLE JJHFM045  APPELLANTANDTHE REPUBLIC OF NAURU  RESPONDENTHFM045 v The Republic of Nauru[2017] HCA 5015 November 2017M27/2017ORDER1.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 NauruRepresentationP 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.CATCHWORDSHFM045 v The Republic of NauruMigration – 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...