Lee v Commonwealth of Australia

The applicant, Mr Lee, sought to challenge the validity of certain provisions of the *Migration Act 1958* (Cth) and regulations made thereunder, which he contended were beyond the legislative power of the Commonwealth Parliament. The matter came before Gummow J of the High Court of Australia.

The central legal issue before the Court was whether the impugned provisions of the *Migration Act* and its subordinate legislation, which conferred broad powers on the Minister for Immigration and Multicultural Affairs to make decisions concerning the immigration status of non-citizens, were constitutionally valid. Specifically, the Court was asked to consider whether these provisions infringed upon the separation of powers doctrine, particularly by encroaching upon the judicial power of the Commonwealth.

Gummow J, in his reasoning, examined the scope of Chapter III of the *Constitution*, which vests the judicial power of the Commonwealth in the High Court and other federal courts. His Honour considered the established principles regarding the non-delegation of judicial power and the requirement that courts exercising federal jurisdiction must be constituted in accordance with Chapter III. The Court ultimately found that the powers conferred by the *Migration Act* did not amount to an unlawful delegation or exercise of judicial power, as they were administrative in nature and did not involve the determination of rights or liabilities in a manner characteristic of a judicial proceeding. The legislation was found to operate within the executive sphere, notwithstanding its significant impact on individuals.