The High Court in Lautoka will make its decision on Grace Road senior director Daniel Kim’s application questioning the order by the Minister of Immigration, to have him deported to Korea.
Kings Counsel Simon Ower appeared before Justice Lyone Seneviratne yesterday, as Kim’s Habeas Corpus application was heard.
KC Ower cited a number of cases that allowed the judiciary to intervene in instances where foreigners were ordered to leave the country.
He said while Fiji’s Immigration Act gave powers to the Minister for Immigration to remove any individual from the country, this should be done with certain limitations and they are aware and accepted the concerns of the State in relation to his client’s detainment.
KC Ower said they are willing to work with conditions set for his client during the proceedings.
Solicitor-General Ropate Green, in his response, highlighted and maintained that the order by the Minister for Immigration Pio Tikoduadua to have Kim removed from Fiji could not be challenged in court.
Green said Kim’s Habeas Corpus application was clearly an attempt by the Grace Road senior-director to seek relief from the court and questioned the decision of the Minister.
The matter has been adjourned to 27 October.
