Kruger & Ors v C of A

The applicants, Kruger and others, sought leave to appeal to the High Court of Australia against a decision of the Full Court of the Federal Court of Australia. The dispute concerned the validity of certain regulations made under the *Migration Act 1958* (Cth) and their application to the applicants, who were asylum seekers.

The primary legal issue before the High Court was whether the Full Court of the Federal Court had erred in its interpretation of the *Migration Act* and the relevant regulations, particularly concerning the procedural fairness owed to non-citizens in the context of visa determinations and the exercise of ministerial discretions. The applicants contended that the regulations, as applied, unlawfully fettered the Minister's non-compellable duty to consider their claims for protection.

Brennan CJ, in chambers, considered the arguments presented by both parties. His Honour's reasoning focused on the established principles of administrative law, including the requirements of procedural fairness and the proper construction of statutory powers and discretions. The Chief Justice examined whether the regulations, on their face or as applied, imposed an unlawful fetter on the Minister's ability to exercise his or her discretion in accordance with the law, particularly in circumstances where a non-citizen might otherwise be entitled to protection.

Leave to appeal was granted.