Former University of Fiji vice-chancellor Sushila Chang has lost a judicial review bid on a Fiji Immigration Department decision which prohibits her from entering Fiji.
Mrs Chang violated the partial lockdown of Lautoka on March 22 when she secretly left the city and flew out of the country.
She lodged an application to seek judicial review after she was declared a “prohibited immigrant” for an indefinite period by the Prime Minister who is the minister in charge of immigration, in terms of Section 13(2)(g) of the Immigration Act 2003.
Justice Deepthi Amaratunga had ruled on November 18 the decision could not be challenged through judicial review.
Justice Amaratunga based his ruling on Promulgation No 3 of 2008 that amended Section 13(2)(g) of the Immigration Act 2003, which disallowed anyone to challenge the decision of a minister in any court.
“When a person is declared a prohibited person in terms of Section 13(2)(g), that person cannot remain in Fiji irrespective of having a valid permit in terms of the Immigration Act 2003.
“Once a person is declared a prohibited immigrant in terms of Section 13(2)(g) of the Immigration Act 2003, any permission granted under the Immigration Act 2003 to remain in Fiji becomes ineffective.”
Justice Amaratunga stated the process followed in the cancellation of Mrs Chang’s permit could not be challenged through judicial review.
“It was a fiat accompli once the applicant is declared a prohibited person.
“Hence, application seeking leave for judicial review is refused.”
