The Permanent Secretary for Immigration has declared Fiji-Canadian national Joshua Aziz Rahman a prohibited immigrant, issuing a removal order earlier this month. This development follows a court hearing where Principal Legal Officer Sadaf Shameem informed Justice Thushara Rajasinghe of Rahman’s situation during the first call of his case.
This matter gained further significance when it was called back to court following a Court of Appeal order that quashed Rahman’s previous conviction, which had resulted in a prison sentence for possession of over $30 million worth of cocaine in 2021.
During the proceedings, Ms. Shameem raised no objections to Rahman’s bail request, noting that the defense had provided three sureties prior to the issuance of the removal order. However, she expressed concerns regarding the possibility of Immigration officials detaining Rahman immediately upon his release from court. She indicated that she had previously requested Immigration not to interfere in the ongoing legal proceedings, yet the removal order was still enforced.
Justice Rajasinghe questioned the rationale behind the Permanent Secretary’s deportation order given that Rahman still faces criminal charges. He emphasized the State’s responsibility to safeguard its interests, proposing an injunction order as a potential remedy.
Defense lawyer Devanesh Sharma referenced Section 13(d) of the Immigration Act, asserting that individuals with pending criminal charges are entitled to remain in the country until their case is resolved. The initial court session, which began at 9:30 AM, has been paused multiple times, with another call scheduled for 3:30 PM today. Justice Rajasinghe has directed that Rahman remain in police remand custody until the resumed hearing.
This case illustrates the complexities of immigration and legal proceedings, highlighting the intersections between criminal justice and immigration policies. The unfolding events will be closely monitored as they may set important precedents for similar cases in the future.
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