Grace Road president Daniel Kim will know whether he is allowed to stay in Fiji or be sent back to South Korea on October 27.
This is when the High Court in Lautoka is expected to reach a decision on his application questioning Government’s order to have him removed.
Appearing before Justice Lyone Seneviratne yesterday, Mr Kim’s Habeas Corpus application was argued by his counsel Simon Ower who listed several cases that allowed the judiciary to intervene in instances of the removal of foreigners.
Mr Ower said while Fiji’s Immigration Act gave powers to the Immigration Minister to remove any individual from the country, those acts should be done so within certain boundaries.
He added there were limitations to those powers that must be considered so as not to take away the rights of an innocent man.
He said they accepted the concerns of the State in relation to their client’s detainment, however, they were willing to work with Government on the issue.
Mr Ower said they were also willing to work with the Immigration Department on setting bail conditions for Mr Kim during his proceedings.
In response, Solicitor General Ropate Lomavatu maintained that the order by Immigration Minister Pio Tikoduadua to have Mr Kim removed from Fiji could not be challenged in Court.
Mr Lomavatu said Mr Kim’s Habeas Corpus application was clearly an attempt by the Grace Road president to seek relief from the High Court and in turn questioned the decision of the Minister.
