The High Court in Suva has awarded a woman, Premila Devi Singh, a total of $38,945.49 in damages after she and her two grandchildren were unlawfully restrained while trying to board a flight to New Zealand. The incident took place on December 17, 2023, at Nadi International Airport when authorities informed Singh that a Departure Prohibition Order (DPO) had been issued against her.
Singh sought clarification on the DPO’s specifics and the reasons behind its issuance from immigration officials. However, they cited that the order was issued by the Fiji Revenue and Customs Services (FRCS) and could not be disclosed that Sunday. Afterward, Singh and her grandchildren were told to wait while officials removed their luggage. Singh expressed her disappointment, noting that the officials’ communication was abrupt and discourteous, causing significant embarrassment for her family.
In court, Singh’s lawyer, Mohammed Saneem, argued that his client had no tax arrears, nor was she informed of any tax liability or the existence of the DPO prior to the incident. Notably, the FRCS later admitted that the DPO had expired before it was enforced. The Immigration Department failed to provide Singh with any details regarding the order or its enforcement.
Justice Deepthi Amaratunga ruled on December 2 that Singh’s constitutional right to freedom of movement was violated due to the unlawful restraint by the authorities. The court found that the DPO from the FRCS was invalid at the time of enforcement, and the Immigration Department acted unlawfully by executing this invalid order without proper communication.
As a result, both the FRCS and the Immigration Department are required to pay Singh $8,945.49 in special damages and $30,000 in general damages. This ruling serves as a significant reminder of the necessity for due process in immigration procedures and the importance of maintaining clear communication and transparency from authorities when it comes to departure prohibitions. The decision could lead to improvements in governmental procedures, ensuring that similar incidents do not occur in the future.