Stay on Evan Hannah Case
Judge Byrne has today put a stay on all proceedings in the case until the Fiji Court of Appeal makes its decision and said Hannah's proposed appeal has significant bearing on the future administration of civil justice in so far as the State is concerned.
In his ruling on an application to strike out the Notice of Appeal by Principal Immigration Officer, Josefa Ravatudei and application by the State to stay the proceedings, Judge Bryne states that he is satisfied that the order made for Hannah's deportation was valid under the 2003 Immigration Act.
Byrne also said that in relation to the Order granted by Judge Justice Filimoni Jitoko stopping Hannah's deportation featured some curious issues in the way the order was made, and it is not clear why Justice Jitoko was chosen to make the order as there were several other senior Judges available at the time.
The Appeals Court Judge also said that he is satisfied that attempts to evade the service of Justice Jitoko's order were made by Officers of the Immigration department. He said these are issues among others which he considers should be referred to the Full Court for an authoritative ruling.
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