Fiji Sun

Lest they forget: All foreigners, regional institutio­ns, internatio­nal bodies based here are subject to Fijian laws

- NEMANI DELAIBATIK­I Feedback: nemani.delaibatik­i@fijisun.com.fj

University of the South Pacific chancellor Lionel Aingimea has been quoted as saying publicly that never again should a USP staff member be treated in the manner Professor Pal Ahluwalia was deported from Fiji.

He needs to be reminded that all foreigners, regional institutio­ns and internatio­nal bodies based here are subject to Fijian laws. If these laws are abused then that’s another issue that can be dealt with by the relevant institutio­ns like our judicial system. There are checks and balances that ensure that our democracy operates within the ambits prescribed by the 2013 Constituti­on.

USP as a regional institutio­n is not an island to itself. If it is moved to Samoa, Vanuatu or other island nations, as some people are proposing, it will be subject to the laws of the host country.

USP and Mr Ahluwalia have no special status. They are treated the same as other internatio­nal communitie­s in Fiji.

When foreigners breach their work permits or visa conditions they are subjected to the same laws.

They are detained and put on the next available flight out from Nadi unless there is a successful bid to stay the deportatio­n order so that the court can hear a legal challenge from the lawyers of the deportee. The action is called a writ of habeas corpus. Either Mr Ahluwalia did not take this action or his lawyers were late in filing the writ.

So he was deported just like other deportees before him.

The arresting team can strike at any time of the day or night. In many cases they raid at night using the element of surprise to eliminate flight risk.

The grounds for deportatio­n are topics of debate because the Department of Immigratio­n has not divulged details other than stating the relevant section of the law that was applied.

Mr Aingimea should focus on the internal row rather getting worried about how Mr Ahluwalia was deported. If USP’s expatriate staff comply with the conditions of their work permit, there is nothing to worry about.

Talking about alleged ill-treatment of foreigners Mr Angimea may have a short memory. He should be last person to talk about issue.

When he was Nauru Assistant Minister of Justice and Border Control, refugees in the Nauru Detention Centre were living in near slave-like conditions, not forgetting how a 26-year-old Iranian asylum seeker committed suicide.

While the detention centre was under the jurisdicti­on of the Australian Government, it was on Nauruan soil, a sovereign territory. What did he do? He should help steer USP back on track instead of worrying about issues beyond his control.

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