Antone Thomas Pedras (62) remains in Tonga after the Court of Appeal in Nuku'alofa on Friday quashed a removal order against him declaring it null and without any legal effect.

The Appeal Court's second session in delivering its judgment on this case allowed the appeal, setting aside the Supreme Court orders on August 14, 2014.

"In lieu thereof a declaration that the removal order of 5 May 2014 for the appellant is null, void and without legal effect."

The judges also ordered the Principal Immigration Officer to pay for the appellant's costs of the appeal, and of the habeas corpus and judicial review proceedings in the Supreme Court.

“The appellant is unconditionally released from his bail. The proceedings remitted to the Supreme Court for the hearing and determination of the appellant’s claim for damages.”

Arrival

The American man who is married to a Tongan, appealed the decision of the Chief Justice, and was seeking to prevent his deportation to the United States to face charges of wire fraud in the United States District Court for the Central District of California.

The court heard he arrived in Tonga with his family from New Zealand in January this year and was granted the usual one-month’s permit upon arrival.

He later applied for Tongan citizenship and as part of that process on April 15 the Principal Immigration Officer issued him with a two-year permit.

A corresponding visa was entered in his United States passport held by that office in connection with his citizenship application as required. On May 2, the Ministry of Foreign Affairs received a formal request from the United States Embassy in Suva for his deportation to the United States to stand trial of wire fraud.