HFM045 v The Republic of NauruCitation:[2017] HCA 50Before:Bell, Keane, Nettle JJDate:15 Nov 2017Case Number:M27/2017Read more

HFM045 v The Republic of NauruCitation:[2017] HCA 50Before:Bell, Keane, Nettle JJDate:15 Nov 2017Case Number:M27/2017Read more

Failure by the Tribunal to put the substance of adverse country information to the appellant constituted a breach of procedural fairness requirements.

Parties
Appellant: Appellant; Respondent: Refugee Status Review Tribunal
Jurisdiction
Australia
Judgment Date
15 November 2017
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Procedural Fairness, Natural Justice, Refugee Status Determination
Migration Law Administrative Law Procedural Fairness Natural Justice Refugee Status Determination

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Refugee Status Review Tribunal

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Refugee Status Review Tribunal breached procedural fairness by failing to provide notice of adverse country information to the appellant

Ratio Decidendi

Failure by the Tribunal to put the substance of adverse country information to the appellant constituted a breach of procedural fairness requirements.

Court Disposition

appeal allowed

Orders

  • The decision of the Refugee Status Review Tribunal is set aside.
  • The matter is remitted to the Tribunal for reconsideration according to law.