Attorney-General Siromi Turaga says the State has the prerogative to permit or expel anyone at the borders.
Speaking to FijiLive after the Government nullified the passport of seven individuals connected with the Grace Road Group in Fiji, Turaga said the State is confident the case will fall in its favour during the Appeal on Monday in Lautoka.
Turaga said the Solicitor-General has plans to appeal the Court Order.
He said the Ministry of Home Affairs and Immigration is exploring legal options under the Mutual Assistance in Criminal Matters Act 1997 and the Extradition Act 2003, given that these individuals are subject to an Interpol Red Notice.
He said it is important to note that Fiji and the Korean Government do not currently have an extradition treaty in place.
Last week, the Minister for Immigration Pio Tikoduadua said in July 2018, Red Notices were published by Interpol referring to these individuals as ‘Fugitives wanted for Prosecution’.
“Using my discretion as Minister under Sections 13(2)(g) of the Immigration Act, these individuals were declared Prohibited Immigrants – making their presence in Fiji unlawful.”
Tikoduadua said earlier this month, a taskforce, consisting of Fiji Police Force and Immigration officers, began the removal of these individuals.
He said, of these, four were successfully apprehended. They are: Sung Jin Lee, Nam Suk Choi, Byeong Joon Lee and Beomseop Shin.
“During the removal process, Fiji Airways declined to transport Sung Jin Lee and Nam Suk Choi due to a High Court Order. The Solicitor-General has received this Court Order for review,” Tikoduadua added.