Court

Application for judicial review by former UniFiji vice chancellor refused

November 24, 2020 4:27 pm

Sushila Chang.

An application to seek judicial review filed by the University of Fiji’s former vice-chancellor Sushila Chang has been refused by the Suva High Court.

Chang’s work permit was canceled and she was declared a prohibited immigrant by the Department of Immigration in March this year after she illegally violated the lockdown placed in Lautoka.

Four days after the announcement of the partial lockdown of the greater Lautoka area, Chang caught a flight to Sydney, Australia.

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Chang through her lawyer made an application seeking judicial review other reliefs including an order to quash the decision purported to be made by the Director immigration and the Permanent Secretary on March 24th.

She also claimed that the Director of immigration and the Permanent Secretary did not properly exercise their jurisdiction and acted unreasonably by classifying her as a prohibited immigrant for an indefinite period on the ground of breaching work permit conditions.

The High Court said that the Prime Minister Voreqe Bainimarama had strongly expressed his displeasure of the conduct of certain people who violated emergency lockdown measures which were to contain the spread of the pandemic and had warned of strict punishment.

The Judge said this gives clear that all violators of emergency measures imposed would be dealt with severely irrespective of their status.

He also said that such measures cannot be considered unreasonable considering the highly contagious nature of the pandemic and its global impact on the health and economy of a country.

The Judge said the Prime Minister in his capacity as Minister responsible for Immigration considered Chang’s conduct as prejudicial to public safety.

He also said that the process followed in the cancellation of Chang’s permit cannot be challenged through judicial review and refused the application without awarding any cost.