Lautoka lawyer, Wasu Pillay says his client Grace Road Group Fiji senior director, Daniel Kim, cannot be deported according to the Court Order obtained.
Pillay said the order is very clear.
According to the order, Pillay said his client cannot be deported until September 18.
Pillay says they intend to challenge the decision of the Minister for Immigration Pio Tikoduadua to deport Kim.
Kim is one of the seven individuals from Grace Road Group in Fiji listed as illegal immigrant.
Meanwhile, Minister for Immigration Pio Tikoduadua said in 2018, the Government of Korea had communicated officially through diplomatic channels, that the passports of seven individuals connected with the Grace Road Cult have been nullified.
They are Grace Road senior director Daniel Kim, Acting Grace Road President Sung Jin Lee, Nam Suk Choi, Byeong Joon Lee, Jin Sook Yoon, Beomseop Shin and Chul Na.
Tikoduadua said passports belong to these individuals have been nullified by the Korean Government in relation to charges laid by the Government of South Korea, who had issued a warrant for their arrest.
In July 2018, Red Notices were published by Interpol referring to these individuals as ‘fugitives wanted for prosecution’.
“All ignored by the former Government.” Tikoduadua said.
“Using my discretion as Minister under Section 13 (2)(g) of the Immigration Act, these individuals were declared ‘prohibited immigrants’ – making their presence in Fiji unlawful.” He said.
However, Pillay claims that a ‘Red Notice’ is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.
Pillay said a Red Notice is not an international arrest warrant.
He said the individuals are wanted by the requesting member country, or international tribunal – Member countries apply their own laws in deciding whether to arrest a person.
“The majority of Red Notices are restricted to law enforcement use only. Extracts of Red Notices are published at the request of the member country concerned and where the public’s help may be needed to locate an individual or if the individual may pose a threat to public safety,” Pillay added.
