Sri Lankan with forged passport faces deportation [1]
Wednesday, November 6, 2019 - 18:25
A Sri Lankan national Vaseeth Samsudeen has been ordered to leave Tonga or face deportation back to Sri Lanka. He received a fully suspended sentence, after using a forged French passport in Tonga earlier this year.
Lord Chief Justice Whitten in a ruling on November 6 at the Nuku'alofa Supreme Court, refused an application by the Crown to withdraw the suspended sentence and activate Samsudeen's prison term, after he failed to leave Tonga, when he was first ordered to do so by the Court.
The case was referred to the Principal Immigration Officer to take whatever measures were necessary to remove him from Tonga, in accordance with the Immigration Act.
The Chief Justice said that if Samsudenn had not voluntarily left Tonga by December 6, then the Attorney General's Office would look at the repatriation process.
Samsudeen had failed to comply with his departure condition and now the Court's ability and willingness to continue to give him further extensions or other indulgences to permit him to leave the country voluntarily had been exhausted.
“The choice is now his. He either continues, without delay, with his proposal to travel to American Samoa and before the immigration authorities are ready to repatriate him within the next month, or he will be returned to Sri Lanka.”
Forgery
The Court heard that on April 17, Samsudeen pleaded guilty and was sentenced on two counts of knowingly dealing with a forged document.
The essence of the charges was that on May 10, 2018, he entered Tonga, and on May 12, he attempted to board a flight from Tonga to New Zealand. On both occasions he presented the forged French passport to Tongan Customs officials.
Former Chief Justice Paulsen, sentenced him to two-years imprisonment, but fully suspended on conditions that he was to leave Tonga no later than two-months from the date of his sentencing.
He was also allowed to apply to the Court for an extension of time to remain here for a limited period, if there were exceptional difficulties in facilitating travel, on a written notice to the Crown.
However, subsequent minutes of the former Chief Justice from June-July, recorded that despite his various efforts and extensions granted by the court, Samsudeen had not left the country.
The Crown then filed to rescind the suspended sentence, with arguments heard on October 4.
In a provisional ruling, the Chief Justice indicated that he was not then prepared to accede to the application because he had reservations about treating Samsudeen's failure to comply with the departure condition as a basis for rescinding the suspension of his sentence and activating his prison term, in circumstances where he and those supporting him had made significant efforts, albeit unsuccessful to date, to arrange his departure from Tonga.
Fear
The Court was told, the main reason for his failure was his inability to secure a visa from a destination country, either transiting or final and therefore compliance with the condition, was not within his power or control.
It was observed, however, Samsudeen did have the ability, subject to funding for a ticket, to return to Sri Lanka, but that he had not been prepared to do so becaused he claimed fear of harm there.
UNHCR had conducted a refugees status determination assessment of Samsudeen's claim for asylum to determine whether he was entitled for protection under the 1951 Convention relating to the Status of Refugees and the 1967 Protocol relating to the Status of Refugees. However, after careful consideration, they found that he did not satisfy the definition of a refugee according to the Convention.
Samsudeen must now voluntarily leave Tonga or face deporation back to Sri Lanka.