Court refuses to nullify NEC decision, fixes hearing date

A JUDGE has refused to grant interim orders to nullify the National Executive Council decision that had former chief migration officer Solomon Kantha terminated and adjourned the matter to Friday.
Waigani National Court Justice Royale Thompson, on Friday, fixed Jan 24 for hearing after finding no urgency in granting the interim injunction before the application to leave for judicial review.
Kantha had filed the interim injunction pending the hearing of his application for leave which sought his reinstatement as relief.
Kantha’s lawyer Brendon Lai said that there was no prejudice in seeking the interim orders.
He submitted to court that procedural fairness was not enforced in the revocation of Kantha from his (then) substantive position as chief migration officer.
Kantha was removed from office on Dec 6, after Minister for Immigration and Border Security Westly Nukundj said Kantha’s appointment was not given a legal clearance. State lawyer Harrison White then made an application for adjournment stating that he would need time to file affidavits in response to the allegations made by Kantha.