Lomavatu: High Court has no power to question Immigration Minister

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Grace Road president Daniel Kim is escorted by police officers at the Lautoka High Court. Picture: BALJEET SINGH/FT FILE

The High Court in Lautoka has refused Grace Road president Daniel Kim’s bail application, however, Mr Kim’s request for a stay on the order for his removal has been extended.

In court yesterday, Solicitor General Ropate Lomavatu also responded to an application made by Mr Kim’s defence lawyers for the High Court to step in and stop the order from being executed.

Mr Lomavatu made an argument that the High Court has no power to question Immigration Minister Pio Tikoduadua’s order to remove Mr Kim from Fiji.

He said Section 13 (ii) (g) of the Immigration Act excluded the Court from questioning the decision of the Minister for Immigration. According to Section 13 (ii) (g), a prohibited immigrant, was a person who prior to or after entry into the Fiji Islands, as a result of information received from any country through official or diplomatic channels, or from any other source the Minister considers reliable, is deemed by the Minister to be a person who is or has been conducting himself in a manner prejudicial to the peace, defence, public safety, public order, public morality, public health, security or good government of the Fiji Islands.

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