An Australian judge embroiled in a constitutional controversy in Kiribati will be allowed to stay in the country and continue working, after the Pacific nation's Court of Appeal unanimously quashed an appeal from the government.
Justice David Lambourne was suspended from his position over alleged misconduct in May and, earlier this month, the government tried to deport him and have his visa cancelled.
The attempted deportation led to a dramatic airport stand-off, which gained international attention and raised concerns over rule of law in the Pacific nation.
In its written judgement on Friday, the court upheld an earlier decision that found the government's attempts to deport Justice Lambourne back to Australia were unconstitutional.
It declared the two deportation attempts "invalid and quashed" and ordered that his Australian passport should be returned to him immediately.
The court also upheld rulings from November and December last year that Justice Lambourne was entitled to lifetime tenure on the country's High Court.
And he will be entitled to a visa that will allow him to live in Kiribati and perform his role as a judge.
The government had claimed Justice Lambourne breached the constitution by "demanding to be paid as a judge for life", saying that he was only ever appointed to a three-year term.
Court calls appeal 'unorthodox'
Justice Lambourne has been living in Kiribati for 27 years and is married to the country's Opposition Leader.
He believes that he has been targeted by the government for political reasons.
The events have put the country's constitutional system on the brink of collapse.
In June, the government also suspended New Zealand-born chief justice William Hastings, who was due to hear a challenge brought by Justice Lambourne over his suspension.
The suspensions left Kiribati without a functioning High Court.
In a submission to the Court of Appeals last Friday, lawyers representing the Attorney-General warned that Kiribati's President Taneti Maamau may suspend the court if it did not "self correct".'
In its ruling, the court called the Attorney-General's appeal "unorthodox".
"But then again, the present circumstances are most unusual, with the relevant operations of the High Court paralysed by the suspension of both its judges," the court judgement said.
