The government on Friday filed an opposition to the motion for preliminary injunction saying that the plaintiff failed to demonstrate sufficient ground to justify a temporary halt of collection of fees while the case is being tried.
In a nine-page motion filed by Assistant Attorney General Nelson Werner stated that “without conceding the merits of the plaintiff’s underlying claim and her chances of success, plaintiff has demonstrably failed to satisfy the second prong of the preliminary injunction test which requires plaintiff to show that she and those she claims to represent will suffer an injury that is irreparable in that it cannot be remedied at a later date by a refund of a fee.”
The government is asking the court to deny the preliminary injunction.
On Sept. 20, plaintiff Bernadette Carreon, on behalf of herself and foreigners in Palau that are required by the new regulation to pay $25 seeks to halt the collection of fees before the government set deadline of Sept. 30 and to require the government to repay the fees already collected from the foreigners.
There are at least 6,000 foreigners in Palau.
The government’s opposition also stated that there is no threat of jail time for foreigners who will fail to register by Sept. 30 rather the directive stated that any alien who fails to register by deadline is subjected to a fine of $5 per day.
Lawyer David Shipper is representing the plaintiff in the class action suit.
The government’s motion stated that the regulation is aimed at addressing “heightened security concerns and continued problems associated with the previous mishandling of Republic’s immigration policies.”
It noted that the new regulation is to provide “ an avenue for those residing in Palau outside the legal framework to come in compliance with the law.”
The case will be heard by Supreme Court Justice Arthur Ngiraklsong. The hearing is at the Judiciary Building in Melekeok.
//
