A couple who were granted citizenship based on customary adoption have won a VT 150 million plus lawsuit against the Government after their citizenship was revoked by the Citizenship Commission.

Jong Phil Shin and his wife Jung Yeun Yu claimed they have suffered loss and damage as a result of the revocation of their citizenship certificates.

The Second Defendant of the case is the Vanuatu Investment Promotion Authority (‘VIPA’) whom after the citizenship revocation subsequent refuses to grant the couple a foreign investor approval certificate.

Supreme Court Judge, Viran Trief awarded the couple a total of VT154,319,522 for economic loss of two business, a leasehold property title, difference in loan balance, and pain and suffering.

According to the judgment, the claim was that around September 2013, the Police CID interviewed the Claimants as part of their investigation into the issuance of citizenships.

“They ordered the Claimants to hand over their citizenship certificates and passports.

“On 16 October 2014, the Citizenship Office wrote to the Vanuatu Immigration Department setting out a list of people which included the Claimants, for revocation of their citizenships.

“In 2014, VIPA advised the Claimants that their VIPA certificate could not be renewed based on the State’s letter that their citizenships were subject to revocation.

“The Claimants had to close their businesses as they no longer had the authority to operate them.

“In 2017, the State issued the Claimants a formal revocation of citizenship letter confirming that their citizenship certificates were revoked in October 2014.”

The claimants pleaded that as a result of the revocation of citizenships, they lost a Garage at Korman, their Restaurant and Takeaway business, their property title.

The claims are also currently stateless.

When addressing the issue surrounding their citizenship, the court noted that the couple and their two children arrived in Vanuatu in 2008.

“In 2009, they were officially adopted in custom by the late Member of Parliament Harry Iauko.

“In 2012, the Claimants were granted citizenship of Vanuatu on the grounds of customary adoption.”

According to Mr Shin’s evidence, in 2014 they were subject to police investigation and their passports were confiscated without any warning and have never returned them.

They were later informed by the Citizenship Commission of their citizenship revocation.

The judgement was entered in favour of the claimants in 3 different parts, Economic Loss VT 109,159,522, pre-judgment interest  VT30,160,000, and Pain and suffering VT15,000,000.

A conference has been set for 18 August for the State to inform the court that paid the judgment sum or to explain how it intend to do so.