A former Fijian soldier who got a job in New Zealand as a prison guard has had his work permit revoked because of the coup in Fiji in December 2006.
Sainivalati Veitogavi, who served 19 years in the Fijian military, was granted a two-year work permit on December 12, 2006.
Two days later the Government banned visas for anyone with Fijian military connections as at the date of the coup, December 6, wishing to enter New Zealand.
Veitogavi, who first came to New Zealand in 2005 on a Fijian Affairs Board scholarship, later got a job with the Corrections Department.
He was released from the Fijian Military Force when he came to New Zealand but only resigned in April 2007.
In May 2007 the immigration service revoked his work permit because he had been a member of the Fijian military at the time of the coup.
Veitogavi appealed to the Ombudsman who said in March this year the revocation was unfair, and recommended the matter be considered by the minister.
Instead, Veitogavi's lawyers asked the High Court to review the immigration department decision.
In a recent decision from the High Court in Auckland, Justice Geoffrey Venning ruled that the long delay in bringing the case meant it was out of time.
However, the judge said that the case was not dismissed on the basis of a technical time bar.
"Even a brief review of the merits suggests that the applicant had a difficult case to make for review," Justice Venning said.
Though the Ombudsman accepted the process was unfair, she did not consider that Immigration New Zealand had acted unlawfully.
Justice Venning said the Ombudsman's finding that the process was unfair did not equate to a finding of unreasonableness in judicial review terms.
"While the applicant's case may be arguable, it cannot be described as strong, and as noted by the Court of Appeal even if it was strong, there is no proper excuse for the substantial delay in this case," the judge said.
