Wong v Attorney General [2013] SBHC 105; HCSI-CC 336 of 2012 (4 July 2013)

IN THE HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Civil Case No: 336 of 2012

BETWEEN:

PATRICK SHUNG WONG
Claimant

AND:

ATTORNEY GENERAL
First Defendant

AND:

MINISTER OF COMMERCE,
INDUSTRIES, LABOUR AND
IMMIGRATION
Second Defendant

AND:

DIRECTOR OF IMMIGRATION
Third Defendant

DATE OF RULING : 4 July 2013

Mr. Kingmele for Claimant
Mr. Banuve for Defendants

RULING

1. The Claimant applies for the following orders on 12 September 2012: (1) An interim declaration, pursuant to Rule 15.3.5, that the Claimant is entitled, pending judgment on the claim and any appeal there from to enter and reside in Solomon Islands until at least 15 August 2013; (2) The Third Defendant's purported "restriction order" restricting the right of the Claimant to enter and reside in Solomon Islands and his purported cancellation of the Claimant's permit to enter and reside in Solomon Islands both dated 11 July 2012 each be stayed pending judgment and any appeal therefrom; (3) The Second Defendant's purported declarations that the Claimant is an undesirable and prohibited immigrant dated 12 July 2012 and 29 August 2012 respectively each be stayed pending judgment and any appeal therefrom; (4) Upon the Claimant by his counsel giving the usual undertaking as to damages, interim mandatory injunctions or orders pursuant to Rule 15.3.5 that pending judgment on the claim and on any appeal therefrom – (a) the Defendants forth with permit the Claimant to enter and reside in Solomon Islands; (b) the Third Defendant forthwith, and in any event within 2 business days of the making of the order – (i) issue in favour of the Claimant such temporary or other permit to enter and reside in Solomon Islands as shall give full effect to paragraph 2 of this order; (ii) notify all airlines that the Claimant is entitled to enter Solomon Islands and that any restrictions in that regard previously notified to the airlines have been revoked; (iii) deliver to the Claimant or his Solicitors the original of such permit and a copy of such notification; (5) a penal notice attach to paragraph 2 of this order; (6) Directions as to the future conduct of these proceedings; (7) costs of the application be costs in the cause; such further or other orders as the court thinks fit.
   
2. The Claimant also filed his claim for judicial review on the same date. The Claimant is a foreign investor. He is a Director of five companies in Solomon Islands. They are Russell Islands Plantations Limited, Levers Solomons Limited, Pacific Management Services Limited, International Contralto and Shipping Limited and Patrick Wong (Consultancy) Limited.
   
3. The Claimant applied for and was granted a resident permit on 19 August 2008 for two years. The permit was later replaced with a new residential permit, which will expire on 15 August 2013. On 5 June 2012, he was requested by the Director of Immigration to apply for a new residency permit, to be consistent with a new work permit. That surprised the Claimant as his current residency permit is still valid and yet to expire. He wrote to the Director of Immigration after receiving legal advice. He receives no reply to his letter. On 22 June 2012, the Claimant travelled to Australia for personal reasons. On 11 July 2012, an order was imposed on him from entering Solomon Islands, and that it would remain effective until lifted by the Director of Immigration. But on 12 July 2012 he was declared as an undesirable immigrant by the Director of Immigration. And on 29 August 2012 was declared as a prohibited immigrant. He was removed from Solomon Islands on the basis of that declaration.
   
4. On 12 September 2012, the Claimant filed his claim through his solicitors in the High Court of the Solomon Islands ("the court"). The case is pending hearing before the court. He seeks reliefs, inter alia, quashing orders.
   
5. The First Respondent contends the interim remedies sought by the Respondent cannot be granted because of these reasons:
   
   • (i) To grant the interim remedies in the forms they are drafted would be to exceed the supervising jurisdiction the court exercises in judicial review.
     
   • (ii) The interim declaration stays and injunction sought cannot be granted because all relevant decisions under the Immigration Act have been made and implemented. The only way these decisions could be reversed would be by way of an order granted pursuant to rule.15.3.1 of the SI Courts (Civil Procedure) Rules 2007. An alternative available to parties would be to have the hearing of the judicial review expedited.
     
   • (iii) Given interim remedies cannot be granted then consequential order sought for production of documents are nugatory.
     
6. As mentioned in paragraph 4 above, the Claimant filed this application and his claim in court on 12 September 2012. In the review case, the Claimant seeks orders, declarations, decisions, determinations in relation to actions of the Minister of Commerce, Industries, Labour and Immigration and the Director of Immigration. The court will therefore grant the interim reliefs sought in this application. Order accordingly.
   

THE COURT