- Fiji’s High Court temporarily blocked the deportation of Nigerian national Tagbo Nonso Sylvester on August 7
- Sylvester arrived in Fiji to study at Fiji National University but was refused a student visa twice by immigration authorities
- Justice Usaia Ratuvili granted the interim stay to allow a judicial review into whether Sylvester was treated fairly
A Nigerian student facing deportation from Fiji has won a temporary reprieve after the High Court in Suva moved to pause his removal while it examines whether immigration authorities followed due process in handling his case.
Justice Usaia Ratuvili delivered the ruling on August 7, granting Tagbo Nonso Sylvester leave to pursue a judicial review and ordering an interim stay on his deportation until Wednesday, August 12, when all parties were required to appear before the court for a review of that order.
Source: Twitter
Sylvester had travelled to Fiji to study at Fiji National University. However, immigration officials refused him a student visa on Monday, May 20 and subsequently rejected his appeal. A deportation order followed on Monday, July 27.
The central legal question
Justice Ratuvili said the core issue before the court was whether those decisions were made in a procedurally fair manner and whether Sylvester had been accorded natural justice. The court noted that Sylvester had received 14 days’ notice of his deportation and considered what would happen to his legal challenge if he were removed from the country before it could be resolved.
“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.”
Court weighs competing interests
The judge also acknowledged Fiji’s authority to control who enters and remains within its borders.
“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 noted.
Ratuvili said those competing considerations required the court to assess 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 also directed that all respondents be served with the documents filed in the proceedings ahead of the August 12 hearing.
UK tribunal orders deportation of controversial Nigerian pastor
Previously, Legit.ng reported that Tobi Adegboyega, founder of Salvation Proclaimers Anointed Church Nation, lost his deportation battle.
On Tuesday night, December 3, an immigration tribunal ruled that Adegboyega should be deported back to Nigeria. The panel’s decision follows investigations which allegedly exposed misuse of funds by Adegboyega’s church.
Source: Legit.ng