WET044 v The Republic of Nauru

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WET044 v The Republic of Nauru

[2018] HCA 14

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WET044 v The Republic of Nauru

[2018] HCA 14

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER AND KEANE JJWET044  APPELLANTANDTHE REPUBLIC OF NAURU  RESPONDENTWET044 v The Republic of Nauru[2018] HCA 1411 April 2018M132/2017ORDER1.Leave to amend the notice of appeal is refused.2.Appeal dismissed.On appeal from the Supreme Court of NauruRepresentationW A Harris QC with M L L Albert and E R Tadros for the appellant (instructed by Russell Kennedy Pty Ltd)R C Knowles for the respondent (instructed by the 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.CATCHWORDSWET044 v The Republic of NauruMigration – Refugees – Appeal as of right from Supreme Court of Nauru – Where Secretary of Nauru Department of Justice and Border Control determined appellant not refugee and not entitled to complementary protection – Where Refugee Status Review Tribunal affirmed Secretary's determination – Where Tribunal adopted reasoning of Secretary – Whether Tribunal failed to consider country information before it – Whether Tribunal acted in way that was procedurally unfair by failing to put to appellant nature and content of country information it relied upon.  Words and phrases – "appeal", "country information", "procedural fairness".Appeals Act 1972 (Nr), s 44(a).Refugees Convention Act 2012 (Nr).KIEFEL CJ, GAGELER AND KEANE JJ.   The appellant is an Iranian citizen of Faili Kurdish ethnicity.  He arrived by boat at Christmas Island in 2013 and was subsequently transferred to Nauru.  There he applied under the Refugees Convention Act 2012 (Nr) ("the Refugees Act") to be recognised as a refugee or, alternatively, as...

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WET044 v The Republic of Nauru

[2018] HCA 14

HIGH COURT OF AUSTRALIAKIEFEL CJ,GAGELER AND KEANE JJWET044  APPELLANTANDTHE REPUBLIC OF NAURU  RESPONDENTWET044 v The Republic of Nauru[2018] HCA 1411 April 2018M132/2017ORDER1.Leave to amend the notice of appeal is refused.2.Appeal dismissed.On appeal from the Supreme Court of NauruRepresentationW A Harris QC with M L L Albert and E R Tadros for the appellant (instructed by Russell Kennedy Pty Ltd)R C Knowles for the respondent (instructed by the 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.CATCHWORDSWET044 v The Republic of NauruMigration – Refugees – Appeal as of right from Supreme Court of Nauru – Where Secretary of Nauru Department of Justice and Border Control determined appellant not refugee and not entitled to complementary protection – Where Refugee Status Review Tribunal affirmed Secretary's determination – Where Tribunal adopted reasoning of Secretary – Whether Tribunal failed to consider country information before it – Whether Tribunal acted in way that was procedurally unfair by failing to put to appellant nature and content of country information it relied upon.  Words and phrases – "appeal", "country information", "procedural fairness".Appeals Act 1972 (Nr), s 44(a).Refugees Convention Act 2012 (Nr).KIEFEL CJ, GAGELER AND KEANE JJ.   The appellant is an Iranian citizen of Faili Kurdish ethnicity.  He arrived by boat at Christmas Island in 2013 and was subsequently transferred to Nauru.  There he applied under the Refugees Convention Act 2012 (Nr) ("the Refugees Act") to be recognised as a refugee or, alternatively, as...