Foreigners Have the Right To Be Heard Under Foreigners Act : Kerala High Court

The Kerala High Court ruled that principles of natural justice apply to orders issued by the Foreigners Regional Registration Office (‘FRRO’) restricting a foreigner's movement under the Foreigners Act.

The Court stated that while a pre-decisional hearing may be bypassed in cases involving national security or public interest, a post-decisional hearing is mandatory where such concerns are absent.

The ruling came in a case involving three Nepali citizens confined by the FRRO despite getting bail. The court found the FRRO’s action illegal due to the denial of a hearing and directed a fresh order.

The court emphasised that even foreign nationals are entitled to minimal procedural safeguards under Article 21 in non-emergency cases.