The High Court in Lautoka has ordered the Fiji Immigration Department to release and pay $20,000 in compensation to a Nigerian national detained for more than 15 months.
In a judgment on February 17, High Court judge Justice Alan Stuart said the Fiji Immigration Department had breached Benjamin Okoro’s rights by detaining and depriving him of his personal liberty for the duration of his detainment.
The Nigerian had sought constitutional redress after the Fiji Immigration Department failed to produce him in court within 48 hours of his detention.
Mr Okoro came to Fiji in July, 2018, to take part in the Suva Marathon but was unable to depart because of an expired passport.
“After the failed attempt to leave on 29th September, Mr Okoro went to see the immigration office on 1st October,” the judgment read.
“On 8 October, a removal order and detention warrant were issued by the permanent secretary for immigration.
“The detention was implemented on 16 November when Mr Okoro was taken from the Salvation Army premises where he had been staying and put in a safe house detention centre at Nadi.”
Justice Stuart said the Immigration office had not acted ‘reasonably promptly’.
“Had it done so Mr Okoro would have been removed before his passport expired, and this case would never have been brought.”
Justice Stuart ordered that Mr Okoro be freed and for the Immigration Department permanent secretary to pay Mr Okoro $20,000 “as compensation and damages for the breach of his constitutional rights”.
