The High Court in Suva has mandated that a woman, Premila Devi Singh, receive $38,945.49 in damages after she was unlawfully restrained along with her two grandchildren while attempting to board a flight to New Zealand for a family holiday. The incident took place on December 17, 2023, at Nadi International Airport when Singh was informed that a Departure Prohibition Order (DPO) had been issued against her.
Reports indicate that Singh requested a copy of the DPO as well as the rationale behind its issuance, but immigration officials informed her that the order had been issued by the Fiji Revenue and Customs Services (FRCS) and was unavailable for review since it was a Sunday. Following this, Singh and her grandchildren were instructed to wait in a designated area while their luggage was removed. Singh described the communication from officials as abrupt and lacking courtesy, which led to considerable embarrassment for her and her family.
Representing Singh, her lawyer Mohammed Saneem argued that there were no tax arrears on his client’s part, and she was never informed of any tax liability or the DPO itself. The FRCS later recognized that the DPO had already expired, yet the Immigration Department failed to provide her with any details regarding the DPO or its enforcement.
In his ruling on December 2, Justice Deepthi Amaratunga determined that Singh’s constitutional right to freedom of movement had been breached due to the unlawful and arbitrary restraint imposed by the involved authorities. The court found that the DPO issued by FRCS was invalid at the time it was enforced, and the Immigration Department unlawfully executed this invalid order without offering adequate information to Singh.
Consequently, the FRCS and the Immigration Department have been ordered to pay $8,945.49 in special damages and $30,000 in general damages to Singh. This ruling emphasizes the importance of due process in immigration procedures and highlights the need for clear communication and transparency from authorities in matters of departure prohibitions.