Governor Thorold Masefield has 28 days to decide the fate of a young illegal immigrant whose life may be in danger if he is deported to his homeland.

And it emerged yesterday in Magistrates' Court that the Sri Lankan was a minor when he entered the Island.

He celebrated his 18th birthday at the Co-ed Facility in St. George's on April 22 -- also the last day he appeared in court.

Senior Magistrate Will Francis yesterday sentenced Gopinath to three concurrent sentences of six weeks for entering Bermuda with a fake passport, airline ticket, and Bermuda Immigration card on March 17.

The sentences effectively stand as time served in prison.

Gopinath -- whose parents have asylum in Switzerland -- had pleaded guilty to the charges on March 25 and told Mr. Francis that if he were returned to Sri Lanka, he would be killed.

Since then local Immigration authorities have been in contact with the Swiss and Sri Lankan governments to establish Gopinath's identity, age, and the country to which he should be returned.

Gopinath was arrested at Bermuda International Airport on March 19 after US Immigration officers became suspicious and stopped him from leaving Bermuda for New York.

Sri Lanka is in the midst of a civil war in which the Government is battling rebel groups from the minority Tamil ethnic group. The majority Sinhalese dominate the government and military.

Amnesty International has condemned the Sri Lankan Government's record on human rights and has cited numerous cases of torture and "disappearances'' of people.

Amnesty has also condemned rebel groups, particularly the Liberation Tigers of Tamil Eelam for "unacceptable'' acts of terrorism.

Gopinath's lawyer, Clare Hatcher, yesterday appealed to Mr. Francis to remand him in custody for 28 days which is in the Magistrate's discretion under section 107 of the Immigration and Protection Act.

"The effect of not making that provision is that he would be deported to Sri Lanka,'' Ms Hatcher said.

She added that the 28 days would allow more time for the Swiss Government department with responsibility for Refugees to make a final decision on Gopinath's fate.

Ms Hatcher -- a former Amnesty International Bermuda Section chairperson -- also said Gopinath was a minor when he left Switzerland in January.

"It appears it was not clear to him that if he left he would not be able to return,'' Ms Hatcher added. "The United Nations High Commission for Refugees has appealed to the Swiss, notwithstanding that he left Switzerland.'' Ms Hatcher also claimed there were other countries that may be willing to accept Gopinath.

Mr. Francis made it clear he could not deport Gopinath and that the decision was to be made by the Governor.

"I can recommend for deportation,'' Mr. Francis said, "with a detainment order as the Deputy Governor can order him to leave or be deported.''