26 Jul 2007

Suva high court grants judicial review of prominent lawyer's travel ban

9:05 am on 26 July 2007

The Suva High Court has granted prominent lawyer Graham Leung leave to have a judicial review of the travel ban imposed on him earlier this month.

Although the travel ban was lifted after Mr Leung applied for the judicial review, his lawyer Jon Apted decided to proceed with it on the grounds that the ban could be imposed again.

Granting the judicial review, Suva High Court judge Justice Jiten Singh said the powers of the director of immigration or any other respondent, and the source of such powers are matters of public importance.

Justice Singh said the manner in which those powers are exercised, whether after or without reference to the affected parties, is also a matter of public importance.

Justice Singh said because of Mr Leung's future travel plans and damages he was seeking, there was room to grant leave.

The respondents in the case are the interim prime minister and military commander, Commodore Bainimarama; the director of immigration, Commander Viliame Naupoto, and the interim attorney general, Aiyaz Sayed-Khaiyum.