The lawyer for deported Fiji resident Karen Seaton is applying for a judicial review of the decision to remove her from Fiji.
Ms Seaton, who holds US and Canadian passports, said she was forced by immigration officials from her hotel room in Suva and put on board a flight to the US just over two weeks ago.
The government said she was removed because she swore at the President which Ms Seaton denies.
Her lawyer Aman Ravindra-Singh said the purpose of the judicial review was to look at the actions of the Fiji government in particular the Minister of Immigration.
"Our position is clear. Ms Seaton was denied her constitutional rights and also her human rights were violated in the process, with regards to how her matter was handled by the government of Fiji," said Aman Ravindra-Singh.
Mr Ravindra-Singh said Ms Seaton wants to return to Fiji where she has a home.