High Court of Australia

HFM045 v The Republic of Nauru [2017] HCA 50

15 Oct 2017

Case Number: M27/2017


Bell, Keane, Nettle JJ


Migration – 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 phrases – "complementary protection", "natural justice", "procedural fairness".

Appeals Act 1972 (Nr) – s 44.

Nauru (High Court Appeals) Act 1976 (Cth) – s 5, Schedule, Art 1.

Refugees Convention Act 2012 (Nr) – ss 37, 40(1).

Refugees Convention (Derivative Status & Other Measures) (Amendment) Act 2016 (Nr) – s 24.

Refugees Convention (Amendment) Act 2017 (Nr) – s 4.

Convention relating to the Status of Refugees (1951) as amended by the Protocol relating to the Status of Refugees (1967).


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