Grace Road President Daniel Kim

Lautoka Civil High Court Judge Anare Tuilevuka has ordered an interim stay, pending determination, in the matter involving Grace Road President Daniel Kim and five other applicants of South Korean origin.

The case revolves around their immigration status in Fiji.

Justice Tuilevuka stated today that this matter is for leave for judicial review of two decisions.

The first decision was made on August 31st by the Home Affairs Minister to deem the applicants as prohibited immigrants, while the second decision was made by the Permanent Secretary for Immigration, who had directed that the applicants leave Fiji and that they be kept in the custody of immigration officials pending removal.

The application for leave to review these decisions is yet to be heard, and the High Court Judge provided a detailed account of the case’s progress.

Justice Tuilevuka explained that on October 9th, he granted an interim stay for the two decisions until October 27th.

He says this decision was taken to await Justice Lyone Senivaratne’s judgment on a strike-out application filed by the Attorney General’s office against the habeas corpus application.

Justice Tuilevuka further noted that the application had been struck out on that day, and on the same day, Gordon and Company filed another application requesting orders to stay the decision in question.

The crucial issue at hand, according to the judge, is whether an order to stay can be issued, given that the leave for judicial review has not been heard.

In light of these circumstances, Justice Tuilevuka extended the stay on the Minister’s and Permanent Secretary’s decisions and ordered an interim stay pending the determination of his decision on leave.

The next phase of this case is set to be heard on December 12th.