Indian businessman ordered to leave Fiji
An Indian national who was directed by the Minister of Immigration to leave Fiji in October last year had his stay application dismissed and struck out in Court. On December 14, 2018 Sanjeet filed an application for stay in the High Court seeking orders not to be removed from Fiji by the Department of Immigration.
He sought relief from the Court to order an unconditional stay of the Minister’s decision dated September 20, 2018 directing him to leave Fiji within 14 days of the order and alternatively asked for a temporary visa to remain in the country.
The facts of the case stated that Investment Fiji issued Sanjeet with a Foreign Investment Registration Certificate on December 14, 2017 and subsequently he applied to the Immigration Department for an investor permit.
On March 22, 2018 the department wrote to Sanjeet advising him that his application for a permit had been declined on the grounds that the business that he proposed to set up can be provided by locals and does not warrant a foreign investor.
The applicant then appealed the Immigration Department’s decision to the Minster and was informed that his appeal had been refused and he had to leave the country within 14 days.
He filed an application for leave to apply for judicial review of the minister’s decision on September 27, 2018.
In his affidavit, Sanjeet stated that he had spent a substantial amount of money and time however he did not provide any evidence to support his claim.
In his ruling Justice Kamal Kumar said if the applicant had spent a substantial amount of money without getting a permit from Immigration then he did so at his own peril for which he cannot hold the respondents at ransom.
On November 14, 2018 Immigration issued a warrant of detention and removal order against Sanjeet however the warrant was not executed because he was evading Immigration officers and they had no knowledge about his whereabouts.
Sanjeet was ordered to report to Immigration and to pay the respondents $1000 in costs.
Edited by Susana Tuilau