The Permanent Secretary for Immigration earlier this month declared Fiji-Canadian national Joshua Aziz Rahman a prohibited immigrant and imposed a removal order.
Principal Legal Officer Sadaf Shameem informed Justice Thushara Rajasinghe this morning during the first call of Rahman’s case.
The matter was called following the Court of Appeal’s order for a retrial after quashing his conviction.
He was sent to prison after the High Court in Suva convicted him in 2021 for possession of more than $30 million worth of cocaine.
Ms Shameem had no objections to bail, with the defence having provided three sureties before she was handed the removal order paper.
She said she had written to Immigration last week requesting that they not interfere in the proceedings; however, the removal order was still issued.
She asked for the accused to be remanded because once he is granted bail and leaves the court, Immigration officers waiting outside the court will immediately take him.
However, Justice Rajasinghe said he does not understand why the Permanent Secretary would order deportation when the accused still has criminal charges to answer to.
He said the State has a duty to protect its interests and to find a remedy, suggesting an injunction order.
Lawyer Devanesh Sharma cited Section 13(d) of the Immigration Act, stating that individuals with pending criminal charges are entitled to remain in the country without a permit until their case is concluded.
The matter was first called at 9.30am but was stood down to 12.30pm, and has now been stood down again to be recalled at 3.30pm.
Justice Rajasinghe has directed that Rahman be placed in remand custody of the court in the company of police escorting officers until 3.30pm when the matter will resume
