Attorney General Aiyaz Sayed-Khaiyum has stated that Loghman Sawari was deported from Fiji to Papua New Guinea today after entering Fiji on a Papua New Guinean passport.
Sayed-Khaiyum says Sawari is claiming to be a refugee but did not present himself as a refugee seeking asylum to immigration officials on arrival in Fiji, nor, after ten days, did he lodge an application for asylum, personally or through his lawyer.
The Attorney General also reveals that the United Nations High Commissioner for Refugees (UNHCR) has advised Fiji that Sawari is not recognised as a refugee under the UNHCR mandate.
Sayed-Khaiyum says UNHCR has further advised that he is a refugee recognised by Papua New Guinea under its national procedures, so Fiji has merely returned Sawari to his rightful place of residence.
He also says Sawari eluded the authorities during his ten days in Fiji while posting photographs of himself on social media at various locations.
Sayed-Khaiyum says under international law, anyone who is seeking political asylum is required to lodge an application without delay.
He says in the case of Sawari, this did not happen.
The Attorney General says Sawari’s lawyer who has been publicly advocating his position through the media, failed to facilitate a prompt application as required under international conventions pertaining to applications for refugee status.
Sayed-Khaiyum also confirms that the authorities in Fiji have been informed by their Papua New Guinean counterparts that Sawari’s Papua New Guinea passport was obtained by fraudulent means.
He says on this basis, Sawari was also in breach of Fijian law which states that “a person who knowingly misleads or attempts to mislead any immigration officer in relation to any matter material to the performance or exercise by any immigration officer of any duty, function, power or discretion commits an offence.”
The Attorney General says the Government notes that Sawari is claiming that he feared for his life.
He says this begs the question as to why for ten days he failed to file an application for asylum.
Sayed-Khaiyum says despite several attempts by the Immigration Department to engage with Sawari, these attempts were ignored.
The Attorney General says Fiji remains fully committed to the Convention and Protocol Relating to the Status of Refugees, but we cannot tolerate a situation in which a person who is not an asylum seeker and who has already been granted refugee status in another country flagrantly violates the law.
Earlier today:
21-year-old Iranian Loghman Sawari has arrived in Papua New Guinea.
Sawari who fled to Fiji from PNG, was deported to PNG after a directive by the Fijian Immigration Department earlier today.
Director of Immigration Nemani Vuniwaqa has referred all questions regarding Sawari’s deportation to the Permanent Secretary at the Prime Minister’s Office Yogesh Karan.
Police have stated that their involvement in the case earlier today was by a request of assistance received from the Immigration Department.
They will not make further comments.
Sawari left the country in an Air Niugini flight back to Port Moresby earlier today after he was escorted to the Nadi International Airport Departure Area.
As reported by Fijivillage early this morning, Sawari was taken into immigration custody just after 7.30 this morning.
His lawyer, Aman Ravindra-Singh says they are still trying to contact the Director of Immigration Nemani Vuniwaqa as he does not have the reason for Sawari’s deportation.
Sawari was taken in by police and immigration officials as he was on his way to the Immigration Department in Suva to meet with the Director Nemani Vuniwaqa at 10 o’clock this morning.
Singh says there was a personal assurance by Vuniwaqa that Sawari would not be arrested and he would look into the asylum application.
Sawari was on his way from the western division with his lawyer Aman Ravindra-Singh with the asylum application.
Sawari and Singh were in Korotogo, Sigatoka at about 7.30 this morning when their vehicle was stopped at Korotogo Police Post and Sawari was then taken into a police vehicle.
Singh says Sawari was allegedly manhandled and Singh was also blocked and threatened that he would be charged with obstruction of justice if tried to take Sawari in his car.
Sawari was then quickly taken into a police vehicle.
According to Singh, Sawari was quickly put in an Immigration Department vehicle in Sigatoka Town.
Singh also tried chasing the vehicle to get some answers but he was unsuccessful.
He is now asking who made the decision for the officials to act in this manner as he claims that Sawari had a valid 4 months tourist visa to stay in Fiji.
We have received information that Sawari came with a PNG passport and under a false name.
He is a declared refugee in PNG and he also had misleading information on his Immigration Arrival Card.
When questioned, Singh says he does not know the details on the passport used by Sawari and says the 21 year old Iranian was ill-treated in Iran and PNG.
He says this is why he fled to Fiji.
Singh also claims that Sawari’s PNG refugee identity card expired in May last year.
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