The High Court in Suva has temporarily stopped the deportation of Nigerian national Tagbo Nonso Sylvester while it considers his legal challenge against decisions by Fiji’s immigration authorities to refuse him a student visa and order his removal from the country.
Sylvester had arrived in Fiji to study at Fiji National University.
Justice Usaia Ratuvili, in a ruling delivered on August 7, granted Sylvester leave to pursue judicial review and issued an interim stay preventing his deportation until August 12.
The State challenges decisions made on May 20 and July 27 to initially refuse Sylvester a student visa, reject his subsequent appeal and order his deportation from Fiji.
Justice Ratuvili said the central issue raised by the judicial review application was whether the decisions had been made in a procedurally fair manner and whether Sylvester had been accorded natural justice.
The court noted that Sylvester had been given 14 days’ notice of deportation and considered the consequences of removing him while his legal challenge remained unresolved.
“There is no doubt that Tagbo Nonso Sylvester has an interest in the outcome of these proceedings,” Justice Ratuvili said.
“He has been given 14 days’ notice of deportation and there is a certainty that this matter will remain unresolved in his absence.”
However, the judge also acknowledged the State’s authority over immigration matters.
“Balanced against that is the sovereign right of the Republic of Fiji to decide who is entitled to enter and reside within its borders,” he said.
Justice Ratuvili said the competing considerations required the court to determine where the balance of convenience lay.
“This raises the question of where the balance of convenience lies, and in looking at the application as a whole, I find it appropriate to grant an interim stay against deportation until the Respondents are present and we can review that order,” he ruled.
The court granted Sylvester leave to proceed with the judicial review and directed that all respondents be served with the documents filed in the proceedings.
The interim stay on Sylvester’s deportation was ordered to remain valid until Wednesday, August 12, when all parties were required to appear before the High Court for a review of the stay and further directions.
