The High Court in Suva has ordered that a woman, who was unlawfully restrained with her two grandchildren, be paid $38,945.49 in damages.
Court records show Premila Devi Singh, 68, and her two granddaughters, arrived at the Nadi International Airport to board an international flight to New Zealand for a family holiday on December 17, 2023.
At the customs counter, she was informed that a Departure Prohibition Order (DPO) was active against her in the immigration system after which she requested a copy of the order, or the basis on which it was issued.
Immigration officials informed her that the DPO had been issued by Fiji Revenue and Customs Services and could not be accessed as it was a Sunday.
The woman and the children were then told to sit in a designated area while their luggage was removed. She said the communication was abrupt, lacked courtesy, and caused her significant embarrassment.
Ms Devi’s lawyer Mohammed Saneem maintained that his client had no outstanding tax arrears and was never informed of a tax liability or DPO.
FRCS later acknowledged the DPO had expired, while the Immigration Department did not provide her with a copy of the DPO or why the DPO was placed against her.
As a result, Ms Devi and her family in New Zealand incurred additional expenses in Fiji due to the cancelled travel arrangements.
In his ruling on December 2, Justice Deepthi Amaratunga declared that Ms Devi’s right to freedom of movement under section 21(3) of the Constitution was breached by unlawful and arbitrary restraint imposed by the defendants jointly and severally.
He declared the DPO issued by FRCS was invalid at the time of enforcement, and immigration unlawfully enforced an invalid DPO while also failing to provide adequate information to her.
The FRCS and the Immigration Department have been ordered to pay special damages of $8945.49 and general damages of $30,000.
