The Attorney-General’s office is required to respond by next Tuesday to inquiries from the attorneys representing plaintiffs Sung Jin Lee and Nam Suk Choi in an ongoing judicial review case.
The matter was deliberated in the High Court in Suva on Friday under the supervision of Justice Anare Tuilevuka. The plaintiffs were represented by lawyers Nilesh Prasad and Devanesh Sharma, while Deputy State Solicitor Ofa Solimailagi acted on behalf of the state.
This case arises from an application for judicial review connected to a High Court ruling regarding six individuals who were issued red notices last year.
During Friday’s proceedings, the court reviewed the updates concerning the questions that the Minister of Home Affairs and Immigration, Pio Tikoduadua, is obligated to answer. The plaintiffs had previously been granted permission to pursue interrogatories after their request to cross-examine Mr. Tikoduadua was denied.
Ms. Solimailagi reported to the court that the State had received a total of 23 questions; however, some could not be answered as Mr. Tikoduadua was not regarded as the appropriate authority for those inquiries, while others were classified as privileged information.
Mr. Sharma expressed his readiness to engage in discussions to resolve the issues prior to the next hearing, emphasizing that addressing the questions would help clarify the basis for the judicial review.
The application of the ouster clause to the case remains unresolved, pending a decision from the Supreme Court. Ms. Solimailagi argued for its potential applicability, whereas Mr. Sharma referenced Section 16 (1) (c) of the 2013 Constitution, which permits judicial review of any executive or administrative action.
Justice Tuilevuka adjourned the proceedings, indicating anticipation for the State’s forthcoming responses.
The next court session is set to take place in Lautoka.