Attorney General v Lambourne [2022] KICA 6; Civil Appeal 6 of 2021 (11 August 2022)

IN THE KIRIBATI COURT OF APPEAL
APPELLATE JURISDICTION HELD AT BETIO		Civil Appeal 6 of 2021
REPUBLIC OF KIRIBATI		Civil Appeal 5 of 2021
BETWEEN	ATTORNEY-GENERAL	APPELLANT
AND	DAVID LAMBOURNE	RESPONDENT
Hearing:	11 August 2022
Coram:	Blanchard JA Hansen JA Heath JA
Hearing:	11 August 2022
Counsel:	Mr Monoo Mweretaka for Appellant
	Mr Perry Herzfeld SC, Mr David Reynolds and Ms Kiata Kabure for Respondent
Judgment:	11 August 2022

JUDGMENT OF THE COURT

[1] We heard this morning an urgent application for interim relief to prevent the respondent from being deported from Kiribati at approximately 11.50am today. We heard from counsel to ascertain the basis of the intended deportation.

[2] We are satisfied that it is reasonably arguable that this Court has jurisdiction to deal with an application of this type and, because it is arguable that the notice of abandonment filed yesterday does not of itself determine a civil appeal, that the appeal remains on foot. Potentially, that could mean that we can grant incidental relief to the respondent. We are satisfied that the balance of convenience favours the grant of interim relief. In that regard we record that Mr Mweretaka, for the Attorney-General, accepted that there is no prejudice to the State of Kiribati if an interim order were made.

[3] We are satisfied an interim order must be made today to enable the issues to be resolved after a hearing at which both parties can present full submissions. We order:

(a) The Attorney-General and any person exercising authority under the Immigration Act 2019, shall take all steps necessary to ensure that the respondent is not deported from Kiribati pending further order of this Court.

(b) We establish the following timetable:

• (i) The respondent shall file and serve a formal and particularised application, together with any supporting affidavits and submissions by midday on Tuesday 16 August 2022.
  
• (ii) The Attorney-General shall file and serve a formal and particularised notice of opposition, together with any supporting affidavits and submissions by midday on Thursday 18 August 2022.
  
• (iii)

The application is set down for hearing at 10.00am on Friday 19 August 2022. The Registrar shall send links to all counsel for that hearing.

[4] Costs are reserved on the deportation application.

Blanchard JA
Hansen JA
Heath JA