By Ryan L. Maness
Impunity Watch Senior Desk Officer, Oceania
SUVA, Fiji — While interim Minister for Immigration Ratu Epeli Ganilau have still not commented on the exact cause of Hannah’s deportation, he has said that Hannah will not be allowed to appeal the decision. The interim minister issued this statement yesterday to clarify a story run by the Fiji Times over the weekend that Hannah would be able to appeal his deportation to a Fijian court. Ratu Epeli said that the Hannah would not be able to appeal because of an amendment made to the Immigration Act of 2003.
The amendment, which was passed just days after the deportation of Fiji Sun publisher Russell Hunter, reads that, “No appeal shall lie from decisions made by an immigration officer acting in accordance with the directions of, or instructions given in respect of any particular case by the minister.”
The Fiji Law Society has said that they do not think that the amendment is permissible under the current Constitution. The Fiji Times reports that, according to Society president Isireli Fa, the law is improper because a provision that makes a Minister’s decision final and unreviewable by the courts is actually unenforceable. Fa referred to this kind of provision as an “ouster clause” because they oust the jurisdiction of the courts. He also said that there are many precedents in Pacific and Fijian common law that are on point and support his contention that the amendment is unenforceable. He concluded by pointing out that section 120 of the Fijian Constitution confers upon the High Court unlimited original jurisdiction to to hear and determine any civil or criminal proceedings under any law.
Regardless of the criticism, interim AG Aiyaz Sayed-Khayum has stated that the process of Hannah’s deportation was legal. He denied any allegation that there was a High Court order halting Hannah’s deportation. “There was no High Court order to stop his deportation. You will see that there was a writ of habeas corpus which is very different from an injunction stopping someone from being deported. The matter is before the courts at the moment and is being called again on Wednesday this week, thus the matter rests until such time.”
For more information, please see:
Fiji Times — Society claims State not well advised — 07 May 2008
Fiji Times — Wife and son not included in order — 06 May 2008
Radio New Zealand International — Fiji interim attorney general defends Hannah deportation process — 05 May 2008
Radio New Zealand International — Fiji interim Government called on to reverse controversial immigration law change — 05 May 2008
Fiji Broadcasting Corporation Limited — Hannah CANNOT appeal his deportation — 05 May 2008
