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The State has filed necessary papers for leave to appeal to the Court of Appeal against the ruling of Mr. Justice Jitoko today in which he refused the State’s application for striking out.
The State has argued that the Habeas Corpus ought to be dismissed as there is no reasonable cause of action since Mr Hannah is no longer being detained. Furthermore, the State has made arguments that the Habeas Corpus is an abuse of process since what the Applicant wants is to undo administrative decisions taken by the Minister and the Permanent Secretary in exercise of their powers under the Immigration Act. As such, there is no basis for the continuation of the writ of Habeas Corpus.
Mr. Hannah is no longer in custody and is out of Fiji’s jurisdiction and that the Writ of Habeas Corpus was no longer applicable.
-End-
(No.0727)
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