A former vice-chancellor of a Fiji university has lost her bid for a judicial review against the government's decision to refuse her entry back into the country.
Sushila Chang left the country during the Covid-19 lockdown in Lautoka.
Sushila Chang. Photo: University of Fiji
The Immigration Department banned Ms Chang after it ruled she violated the Covid-19 restrictions when she secretly left the city to board a flight to Australia.
The University of Fiji sacked her for her unauthorised departure.
Chang lodged an application to seek a judicial review after she was declared a 'prohibited immigrant' for an indefinite period by the Prime Minister who is the minister of immigration.
But the High Court ruled the government's decision could not be challenged through judicial review.
In his ruling, Justice Deepthi Amaratunga said the Immigration Act 2003 did not allow anyone to challenge the decision of a minister in any court.
Justice Amarutunga said when a person is declared a prohibited person, that person cannot remain in Fiji irrespective of having a valid permit in terms of the Immigration Act 2003.
Under the Act, once a person is declared a prohibited immigrant, any permission granted under the Immigration Act 2003 to remain in Fiji becomes ineffective, he said.
Justice Amaratunga said the process followed in the cancellation of Chang's permit could not be challenged through judicial review.
"It was a fait accompli once the applicant is declared a prohibited person hence application seeking leave for judicial review is refused."
Shaista Shameem. Photo: University of Fiji
Breach of lockdown restrictions
Chang was appointed vice-chancellor in September last year.
She was sacked after she departed for Australia two days later and Fiji's Immigration Department cancelled her work permit on 24 March.
In May, the Fiji Times reported she had breached the lockdown restrictions on 20 March to be with her cancer-stricken husband.
She told the newspaper her husband, who left the country a day before the lockdown, had requested she join him.
She had since apologised for her actions but said she could not refuse her husband's request.
Chang said the couple had intended to return to Fiji once her husband had completed his medical treatment.
But the university's chair, Pandit Kamlesh Arya, had said at the time that Chang had not formally written to them to inquire on whether she could return to work.
Chang was replaced by the university's Dean of Justice, Professor Shaista Shameem.