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Immigration Act

LAWS OF FIJI

CHAPTER 88

IMMIGRATION

ARRANGEMENT OF SECTIONS

PART I-PRELIMINARY

SECTION
1. Short title.
2. Interpretation.

PART II-APPOINTMENT AND POWERS OF IMMIGRATION OFFICERS

3. Appointment of immigration officers.
4. Powers of immigration officers.

PART III-ENTRY INTO FIJI

5. Duties of masters of ships and passengers.
6. Control of entry into Fiji.
7. Persons entitled to enter without a permit.
8. Permits to enter and reside, etc.
9. Visitors' permits.
10. Students' permits.
11. Prohibited immigrants.
12. Persons entering Fiji to be detained in lawful custody not to be prohibited immigrants.
13. Discretion of Permanent Secretary
14. Effect of expiration or cancellation of a permit.

PART IV-REMOVAL OF UNLAWFUL IMMIGRANTS FROM FIJI

15. Power to remove persons unlawfully in Fiji.
16. Liability for expenses incurred in respect of a prohibited immigrant.

PART V-MISCELLANEOUS

17. No suit or damages maintainable for things done in good faith.
18. Appeals.
19. Offences and penalties.
20. Regulations.

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IMMIGRATION

Acts Nos. 24 of 1971, 40 of 1971

AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO
IMMIGRATION

[1st June, 1971]

PART I-PRELIMINARY

Short title

1. This Act may be cited as the Immigration Act.

Interpretation

2. In this Act, unless the context otherwise requires-

"appropriate form" means a form approved by the Minister for use in any particular case;

"authorised airport" means any airport notified by the Minister by notice in the Gazette to be an authorised airport for the purposes of this Act, and until otherwise notified includes the airports at Nadi and Nausori as at present defined;

"child" means a legitimate or legitimated child or a step-child or in relation to its mother an illegitimate child, and includes an adopted child;

"entry" with its grammatical variations means-

(a) in the case of a person arriving by sea, disembarking in Fiji from the vessel in which he arrives; and

(b) in the case of a person arriving by air at an authorised airport, leaving the precincts of such airport; and

(c) in the case of a person arriving by air at any place other than an authorised airport, landing in Fiji:

Provided that it shall not include in any case an entry made for the purpose of complying with this Act or an entry expressly or impliedly sanctioned by an-immigration officer for the purpose of any inquiry under the provisions of this Act or, until the expiry of seven days, an entry caused solely by stress of weather or the condition of a ship or aircraft;

"family" means wife and children under twenty-one years of age;

"immigration officer" means any immigration officer appointed under the provisions of section 3;

"member of a crew" means any person employed in the working or service of a ship;

"passenger" means any person travelling or seeking to travel on board a ship who is not a seaman;

"Permanent Secretary" means the Permanent Secretary to the Ministry;

"permit" includes any kind of permit issuer under the provisions of this Act;

"port" includes airport;

"prohibited immigrant" means a person declared to be a prohibited immigrant by section 11;

"residence" with its grammatical variations means residence in Fiji which is not unlawful under any of the provisions of this Act;

"seaman" means an officer or member of the crew of a ship;

"ship" includes aircraft and the expression "master of a ship" includes (except in the proviso to subsection (3) of section 4) the commander of an aircraft, or if there be no commander, the pilot thereof;

"visitor" means a person arriving in Fiji for an intended stay of any period not exceeding four months in the first instance.

PART II-APPOINTMENT AND POWERS OF
IMMIGRATION OFFICERS

Appointment of immigration officers

3.-(1) The Minister may appoint such immigration officers as he may consider necessary for the proper carrying out of the provisions of this Act.

(2) The Permanent Secretary may delegate in writing all or any of his powers, functions or duties under the provisions of this Act or of any regulations made thereunder either generally or in any area in Fiji, or for such periods or purposes as he may specify, to any immigration officer, and may at any time revoke or vary any such delegation:

Provided that no such delegation shall be deemed to divest the Permanent Secretary of all or any of his powers, functions or duties, and he may, if he thinks fit, exercise and perform such powers, functions and duties, notwithstanding the fact that he has so delegated them.

(3) The Minister may from time to time give to the Permanent Secretary directions, not inconsistent with the provisions of this Act or of any regulations made thereunder, as to the exercise of any powers, discretions or functions or the performance of any duties under this Act or any regulations made thereunder, and the Permanent Secretary and all other immigration officers shall comply with any such directions.

Powers of immigration officers

4.-(1) For the purpose of exercising his powers and functions and carrying out his duties under this Act, any immigration officer may-

(a) without a search warrant, enter upon or into and search any ship, aircraft or vehicle in Fiji;

(b) interrogate any person who desires to enter or to leave Fiji, or any person whom he has reasonable grounds for believing to be a prohibited immigrant, or any person applying for extension of a permit or for exemption, or any person whom he reasonably believes can give material information regarding any such person as aforesaid, and may require any such person to produce such documents in his possession as may be necessary to enable the immigration officer to carry out his duties under this Act;

(c) require any person who desires to enter or leave Fiji to make and sign any internationally recognized form of declaration;

(d) require any person who desires to enter Fiji to submit to be examined by a Government medical officer, and to undergo, and to assist in the carrying out of, any test or investigation which such Government medical officer may require.

(2) The master, the owner and the agent of every ship shall collect from all persons about to leave Fiji, other than those persons who have arrived on the same sailing of such ship, departure cards duly completed by or on behalf of such persons and deliver such cards to the immigration officer in charge at the port of departure.

(3) If any immigration officer or any police officer has reasonable cause to suspect that any person has committed an offence against this Act or any regulations made thereunder, or that the presence of any person in Fiji is unlawful, and if it appears to him to be necessary to arrest such person immediately in order to secure that the ends of justice or the purposes of this Act shall not be defeated, he may arrest such person without a warrant and the provisions of sections 23 to 26 of the Criminal Procedure Code, inclusive, shall apply in every such case and, for the purposes of such application of such sections, an immigration officer shall be deemed to be a police officer:
(Cap. 21.)

Provided that where the person arrested is a person whom the immigration officer or police officer has reasonable cause to suspect of being a prohibited immigrant and such person is a passenger or seaman on a ship, he may, if he consents, be handed over to the custody of the master of the ship until its departure from Fiji.

(4) Any person who-

(a) refuses or fails to answer truthfully any question or inquiry lawfully put to him in the course of interrogation under paragraph (b) of subsection (1); or

(b) gives any answer which he knows or has reasonable cause to believe to be false or misleading to any such question or inquiry as aforesaid; or

(c) when required to produce any document or card under the provisions of this section, refuses or fails to produce within a reasonable time any such document or card which it is in his power to produce, or produces any document or card which he knows or has reasonable cause to believe to be false or misleading,

shall be guilty of an offence.

(5) (a) All answers to questions lawfully put in interrogation and all documents produced, under paragraph (b) of subsection (1), shall be admissible in evidence, in relation to any matter arising under or connected with this Act or any regulations made thereunder, in any civil or criminal proceedings.

(b) Nothing in this subsection shall be construed as rendering any such answer or document inadmissible in evidence in any proceedings in which they would otherwise be admissible.

PART III-ENTRY INTO FIJI

Duties of master of ships and passengers

5.-(1) The master of every ship arriving in Fiji from some place outside Fiji shall-

(a) deliver to the immigration officer a complete list in duplicate of all officers, seamen, passengers, and other persons on the ship:

Provided that in the case of aircraft, the commander of such aircraft shall deliver to the immigration officer a statement in duplicate giving the numbers of passengers landing in Fiji other than such passengers who are leaving Fiji by the same aircraft immediately on its departure, and also a statement of the number of members of the crew of the aircraft;

(b) not permit any person to disembark until disembarkation has been authorised by an immigration officer, and shall use all reasonable means to prevent any person landing in Fiji contrary to the provisions of this Act;

(c) inform the immigration officer if he knows or has reasonable grounds for believing any person to be a prohibited immigrant, or a stowaway or a person who is in the course of deportation or compulsory repatriation and prevent such person from disembarking unless authorised by an immigration officer;

(d) prevent, with such reasonable force as may be necessary, the disembarkation of any person-

(i) who has been given into his custody under the proviso to subsection (3) of section 4; or

(ii) in respect of whom to his knowledge a removal order made under the provisions of section 15 or a deportation order is in force; or

(iii) in respect of whom he has been notified by the immigration officer that such person is prohibited from landing in Fiji.

(2) Every person entering or leaving Fiji by sea or air shall appear before an immigration officer at such time and place as the immigration officer may direct and shall furnish him with such information in such manner as the immigration officer may require or as may be prescribed, and any person failing so to appear or to furnish such information shall be guilty of an offence.

(3) The master of every ship (other than an aircraft) arriving in Fiji shall provide suitable facilities and assistance on board the ship for the proper performance by the immigration officer of his duties and, in the case of a privately owned ship or yacht, provide such bonds or produce such tickets for onward travel as the immigration officer may require.

(4) Any agent or owner of any ship (other than an aircraft) due to arrive in Fiji from any place outside Fiji shall give to the immigration officer at least twenty-four hours advance notice of such expected arrival:

Provided that where such a ship is due to arrive in Fiji on a Sunday or a public holiday, not less than forty-eight hours advance notice in writing shall be given.

(5) If any master of a ship arriving in Fiji contravenes or fails to comply with any of the provisions of this section, or furnishes a list or statement referred to in paragraph (a) of subsection (1) which he knows or has reasonable cause to believe to be false or misleading, he shall be guilty of an offence, and if the offence is failure to comply with the provisions of paragraph (b), or paragraph (d), of subsection (1) the owner of the ship and any agent of such owner in Fiji shall also be guilty of a similar offence and liable to a similar penalty.

(6) The Minister may by order exempt the master of any ship or classes of ships from all or any of the provisions of this section.

Control of entry into Fiji

6.-(1) No person shall enter Fiji from any place outside Fiji without being in possession of a valid permit lawfully issued to him under the provisions of this Act unless he is exempted from the provisions of this section under the provisions of section 7.

(2) Any person who is in Fiji contrary to the provisions of this section shall, if so required by an immigration officer, deposit his passport or other travel document with such officer who shall retain such passport or other travel document until such time as such person shall leave Fiji.
(Section amended by 40 of 1971, s. 2).

Persons entitled to enter without a permit

7.-(1) Subject to the provisions of this section, a person who satisfies the Permanent Secretary that he comes into any of the following categories shall be entitled to enter, reside or work in Fiji without having obtained a permit under this Act-

(a) any citizen of Fiji and his unmarried children under the age of twenty-one years;

(b) any serving member of Her Majesty's Forces if the Permanent Secretary is satisfied that responsibility for his repatriation has been accepted by the Service concerned;

(c) any person to whom immunities and privileges have been extended in Fiji under any written law for the time being in force relating to diplomatic or consular immunities and privileges, any person who is on the official staff or in the household of any person to whom such immunities and privileges have been extended;

(d) any person employed in the service of the Government of Fiji or the Government of any country or territory of the Commonwealth entering Fiji in the course of his duty;

(e) any other person or class of persons whom the Minister may by order specify.

(2) (a) The family of any person specified in paragraphs (b), (c) or (d) of sub-section (1) shall be entitled to enter Fiji from any place outside Fiji without having obtained a permit under this Act to enter and reside or to reside during such time as such person is resident in Fiji;

(b) any person born in Fiji who is not a citizen of Fiji shall be entitled to enter Fiji from any place outside Fiji without having obtained a permit under this Act to enter and reside or to reside.

(3) The Minister may, in his discretion, by order specify that any person or class of persons may be exempted from the requirement of obtaining any permit under this Act upon such conditions as the Minister may determine.

(4) When any person referred to in subsection (1) ceases to hold or enjoy the employment, appointment, status or privileges which entitled him under the provisions of this section or those paragraphs (as the case may be), to enter Fiji without a permit, he shall, for the purposes of this Act, be deemed to be a person seeking to enter Fiji with effect from the date when he ceases to hold such employment or appointment or enjoy such status or privileges, as the case may be.

If on the expiry of four months from such date he shall not have been granted a permit under the provisions of this Act, his presence and the presence of his family and dependants in Fiji shall thereupon become unlawful:

Provided that the provisions of this subsection shall not apply to a person who at the time of ceasing to hold or enjoy employment, appointment, status or privileges which entitled him to enter Fiji without a permit is a citizen of Fiji.
(Section amended by 40 of 1971, s. 3)

Permits to enter and reside, etc.

8.-(1) The Permanent Secretary may issue a permit in the appropriate form to any person entitling him to enter and reside or to reside or work in Fiji, upon such conditions as to the security to be furnished, the profession or occupation which the holder may exercise or engage in and the person by whom the holder may be employed within Fiji, and to any other matter whether similar to the foregoing or not which the Permanent Secretary may deem fit to impose or as may be prescribed, and may at his discretion vary any such condition:

Provided that, except with the approval of the Minister, no such permit may be issued to any person who is unlawfully in Fiji, is in lawful custody or is a patient in a mental hospital.

(2) The Permanent Secretary may at his discretion extend a permit issued under the provisions of subsection (1), but shall not so grant or extend a permit except in accordance with directions issued by the Minister under section 3.

Visitors' permits

9.-(1) The Permanent Secretary may issue a visitor's permit in the appropriate form to any visitor if he is satisfied that such visitor-

(a) is in possession of a valid passport or other travel document which, if appropriate, has been properly visaed and such passport or other travel document will not expire within three months of the expiry of the period of the permit for which application is made;

(b) has a valid ticket from Fiji to travel to another country which he is authorised to enter;

(c) has sufficient funds for his support in Fiji during the period of the permit for which application is made;

(d) gives no grounds for the belief that he will contravene the conditions upon which the permit may be granted.

(2) The conditions upon which a visitor's permit may be granted are that he, whilst in Fiji, will not-

(a) behave in a manner prejudicial to peace or good order;

(b) engage in any business, profession or employment, whether for reward or not except with the approval of the Permanent Secretary;

(c) engage in any religious vocation except with the approval of the Permanent Secretary; and

(d) engage in research, except with the approval of the Permanent Secretary,

and such permit shall be subject to any other conditions which the Permanent Secretary may impose consistent with the provisions of this Act:

Provided that a person to whom a visitor's permit has been issued may, during a period of fourteen days immediately following the issue of such permit, notwithstanding the provisions of paragraph (b) and (d), engage in any business, profession or employment, or any research, in the course of duties arising from his normal employment outside Fiji.

(3) A visitor's permit shall entitle a visitor to remain in Fiji for any period not exceeding four months.

(4) The Permanent Secretary may extend the period for which a visitor's permit has been granted if he is satisfied that the conditions for the issue of a permit will be observed:

Provided that no such extension shall be granted for a period of more than two months nor for more than six months in the aggregate.

(5) An immigration officer may cancel a visitor's permit if he is satisfied that the visitor is not a person to whom a visitor's permit ought to have been issued or that there has been any breach of the conditions subject to which it was granted.

(6) In the event of a visitor failing to comply with the conditions of his permit, such visitor shall not, unless the Minister otherwise directs, be permitted to re-enter Fiji as a visitor within a period of twelve months from the date such visitor leaves Fiji upon the cancellation of his visitor's permit under the provisions of subsection (5).

(7) Except with the prior permission of the Minister, any visitor who outstays the period of the visitor's permit issued to him by more than seven days shall not be permitted to re-enter Fiji as a visitor within a period of six months from the date of the expiry of such permit.

Students' permits

10.-(1) The Permanent Secretary may issue a student's permit in the appropriate form for such period as he may think fit to any person who wishes to enter Fiji for the purpose of undergoing education, apprenticeship or technical instruction, and may at his discretion extend such permit for such further periods as he thinks fit:

Provided that if any such permit has been cancelled under the provisions of subsection (3), no extension of such permit nor any new permit shall be issued to the student except with the prior approval of the Minister.

(2) A student's permit shall be subject to the conditions that the student does not during his stay in Fiji-

(a) take up employment except as part of his education, apprenticeship or technical instruction, except with the prior approval of the Permanent Secretary;

(b) behave in a manner prejudicial to peace, good order, good government or public morality,

and subject to such other conditions as may be prescribed.

(3) An immigration officer may cancel a student's permit if he is satisfied that there has been a breach of the conditions subject to which it was granted, or that the person concerned has ceased to be a student.

Prohibited immigrants

11.-(1) Any person who-

(a) is not a person entitled to enter Fiji without a permit under the provisions of section 7; and

(b) is a member of any of the prohibited classes as defined in subsection (2),

shall be a prohibited immigrant and, save as otherwise hereinafter expressly provided, his entry into or presence in Fiji shall be unlawful.

(2) The following persons are members of the prohibited classes-

(a) any person who, not being exempt, is not the holder of a valid permit issued under the provisions of this Act;

(b) any person in respect of whom a deportation order, made under the Deportation Act, or a removal order is in force;

(Cap. 90.)

(c) any person who at the time of entry into Fiji is unable to show that he has the means of supporting himself and his family and dependants (if any) or that he has a permit to work in Fiji or who is likely to become a pauper or a charge on the public;

(d) any person-

(i) who refuses to submit to an examination by a Government medical officer after being required to do so under the provisions of paragraph (d) of subsection (1) of section 4, or to undergo, or to assist in the carrying out of, any test or investigation which such medical officer may require; or

(ii) who at the time of his entry into Fiji is certified by a Government medical officer to be suffering from a contagious or infectious disease which makes his presence in Fiji dangerous to the community; or

(iii) in respect of whom at the time of his entry into Fiji a Government medical officer certifies that he is suffering from mental disorder or is a mental defective, and that his presence in Fiji would be a danger to the community;

(e) any person who at the time of entry into Fiji is a reputed prostitute, or who is living on or receiving, or who prior to entering Fiji lived on or received, the proceeds of prostitution;

(f) any person who has been convicted by a court in any country outside Fiji of any offence which if committed in Fiji would be an offence, for which he has been sentenced to death or to imprisonment for a term of two years or upwards or to a fine of not less than five hundred dollars and has not received a free pardon;

(g) any person who prior to his entry into Fiji or within one year thereafter, in consequence of information received from any Government, through official or diplomatic channels, or from any other source deemed by the Permanent Secretary to be reliable, is deemed by the Permanent Secretary to be an undesirable immigrant:

Provided that every decision of the Permanent Secretary under this paragraph shall be subject to confirmation or otherwise by the Minister (or in the case of any decision involving matters of internal security, the Minister responsible for internal security), whose decision shall be final and conclusive and shall not be questioned in any court;

(h) any person, other than a citizen of Fiji, who has arrived in Fiji as a stowaway;

(i) any person, other than a citizen of Fiji, who is in the course of deportation or compulsory removal from any other country;

(j) any person who is a member of any class of persons declared by the Minister by order published in the Gazette, to be a prohibited class for the purposes of this section;

(k) any person who was, immediately prior to the commencement of this Act, a prohibited immigrant by reason of the provisions of the Immigration Ordinance repealed by this Act;

(Cap. 70 1967 Edition)

(l) any member of the family and any dependant of a prohibited immigrant, unless the Minister in his discretion declares that such member of the family or such dependant is not a member of this prohibited class.

(3) The burden of proof that any person is not a prohibited immigrant shall lie upon that person. In any case where an immigration officer refuses to allow any person to enter Fiji or makes a removal order in respect of any person on the ground that such person is a prohibited immigrant he shall, if so requested by such person, inform him of the class of prohibited immigrant of which in the opinion of the immigration officer he is a member.

Persons entering Fiji to be detained in lawful custody not to be prohibited immigrants

12. Notwithstanding anything contained in this Part, a person who enters Fiji in order to be tried by a court having jurisdiction over him or in order to serve a sentence of imprisonment, or in order to be detained in lawful custody for any other reason shall not be a prohibited immigrant and may enter and remain in Fiji, without a permit, for so long but only for so long as may be necessary for the aforesaid purposes.

Discretion of Permanent Secretary

13. Subject to the provisions of this Act and to any directions issued by the Minister thereunder, the Permanent Secretary shall have discretion as to the persons to whom permits may be granted under the provisions of this Act, and to the extension of such permits.

Effect of expiration or cancellation of a permit

14. It shall be unlawful for any person to remain in Fiji after the expiration or cancellation of any permit issued to or in respect of him under the provisions of this Act unless he is otherwise entitled or authorised to remain in Fiji under the provisions of this Act.

PART IV-REMOVAL OF UNLAWFUL IMMIGRANTS
FROM FIJI

Power to remove persons unlawfully in Fiji

15.-(1) The Permanent Secretary may make an order directing that any person whose presence within Fiji is, under the provisions of this Act, unlawful, shall, as the Permanent Secretary may specify from the date of service of the order on such person or on the completion of any sentence of imprisonment which he may be serving, be ordered to leave Fiji or be removed from and remain out of Fiji either indefinitely or for a period to be specified in the order.

(2) An order made under this section shall be carried into effect in such manner as the Permanent Secretary may direct.

(3) A person against whom an order under this section is made may, before he leaves Fiji and while being conveyed to the place of departure, be kept in prison or in police custody, and while so kept shall be deemed to be in lawful custody.

(4) An order made, and any directions given, by the Permanent Secretary under this section may at any time be varied or revoked by him.

(5) A person against whom a removal order has been made may be removed to the place whence he came, or, with the approval of the Minister-

(a) if he is a Commonwealth citizen, to a place in some country or territory of the Commonwealth to which he belongs, or to any place to which he consents to be removed, provided that the Government of such last-mentioned place consents to receive him; or

(b) if he is not a Commonwealth citizen, to some place in the country to which he belongs, or to any place to which he consents to be removed, provided that the Government of such last-mentioned place consents to receive him.

(6) The master of a ship who is proceeding to a place to which a person is directed to be removed and is required by the Minister or by an immigration officer to do so shall receive a person against whom a removal order has been made on board the ship and afford him a passage to that place and proper accommodation and maintenance during passage. Except as provided by section 16 the cost of such passage, accommodation and maintenance shall be paid by the person removed or if the Minister so directs out of the Consolidated Fund.

(7) If any master of a ship fails to comply with the provisions of subsection (6), he shall be guilty of an offence, and the owner of the ship and any agent of such owner in Fiji shall be guilty of a similar offence and liable to a similar penalty.

(8) Any order made prior to the commencement of this Act under the Immigration Ordinance repealed by this Act directing that any person be removed or deported from and remain out of Fiji indefinitely or for a specified period, shall be carried into effect and enforced under this Act, according to the tenor thereof, as if it were an order made under this section and shall, for the purposes of this Act, be deemed to be such an order; and any person who, in contravention of the terms of any order made or deemed to be made under this section, enters or is found within Fiji, having previously left or been removed or deported from Fiji by virtue or in pursuance of such order, may again be removed from Fiji without further orders, and the provisions of this section and of this Act shall apply in any such case as if an order had been made against such person under subsection (1) directing that he be so removed, without prejudice however, to any penalty to which such person may be liable under this Act or any other law for the time being in force.
(Cap. 70, 1967 Edition)

(9) If a person in respect of whom a removal order is made under this section has been sentenced to any term of imprisonment, such sentence shall be served before the order is carried into effect unless the Minister otherwise directs.

Liability for expenses incurred in respect of a prohibited immigrant

16. The master and the owner and the agent of any ship from which any prohibited immigrant disembarks shall be jointly and severally liable to pay to the Government all expenses incurred by the Government in connexion with the care, maintenance or treatment of such prohibited immigrant and his removal or conveyance from Fiji. The amount of any such expenses as aforesaid shall be recoverable in an action brought by or in the name of the Permanent Secretary:

Provided that-

(a) in no case shall the amount for which the master, owner or agent of the ship is liable in respect of such deportation or conveyance from Fiji exceed the costs of removing or conveying the said person to the place from which he was brought by the ship concerned; and

(b) the Minister may, if he thinks fit, direct that the whole or any part of such expenses shall be paid out of the Consolidated Fund; and

(c) the provisions of this section shall not apply in the case of a person who is a prohibited immigrant by reason of being deemed by the Permanent Secretary, after his entry into Fiji, to be in the class of undesirable immigrants under the provisions of paragraph (g) of subsection (2) of section 11; and

(d) the provisions of this section shall not apply in any case where the prohibited immigrant is at the time of entry in possession of a permit purporting to authorise him to enter Fiji, and to be issued under the provisions of this Act.

PART V-MISCELLANEOUS

No suit or damages maintainable for things clone in good faith

17. No suit or other legal proceedings for damages shall be instituted in any court of law against the Government or any other person for or on account of or in respect of any act, matter or thing done or omitted to be done or purported to be done or omitted to be done, in good faith, in the performance or exercise or intended performance or exercise of any duty or power imposed or conferred by or under this Act or any regulations made thereunder; and the provisions of this section shall extend to the protection from liability as aforesaid of any person deputed by delegation under this Act or under any other law for the time being in force to perform or exercise any such duty or power as aforesaid.

Appeals

18.-(1) Any person aggrieved by a decision of an immigration officer under the provisions of this Act may appeal therefrom by petition in writing to the Minister who may, in his discretion, uphold, vary or revoke such decision:

Provided that no such appeal shall lie from decisions made by an immigration officer acting in accordance with the directions of, or instructions given in respect of any particular case by, the Minister.

(2) The Permanent Secretary may grant to any person, not being a prohibited immigrant, and to any member of his family, who intends to appeal to the Minister under the provisions of subsection (1) or who seeks to take action available to him, before a court, to obtain redress against the decision of an immigration officer, an interim permit allowing him to enter or to remain in Fiji pending the determination of such appeal or action:

Provided that any such appeal or action is lodged or commenced within fourteen days of such decision.

(3) No permit shall be granted under this section unless the Permanent Secretary is satisfied that the person concerned is unlikely to become a charge on the public during the currency of the permit. Any such permit may be cancelled by the Permanent Secretary if the person concerned appears likely to become a charge on the public or if the appeal or action is not prosecuted within such period of fourteen days, and if not cancelled shall expire on the giving of a decision by the Minister.

Offences and penalties

19.-(1) Any person who-

(a) for the purpose of obtaining for himself or for any other person or of assisting any other person to obtain any permit, exemption or other advantage under this Act or with intent to deceive any immigration officer, makes any oral declaration or makes or causes or omits to make or cause to be made any statutory declaration, return, statement, application or other writing which he knows or has reasonable cause to believe to be false or misleading; or

(b) otherwise than with the authority of the Permanent Secretary (the burden of proof whereof shall be upon the accused person) alters, or wilfully defaces, any permit made under or in pursuance of the provisions of this Act, or any official or certified copy of any such permit; or

(c) resists, binders or obstructs any immigration officer or other officer or person in the lawful execution of his duty, or in the lawful exercise of his powers, under this Act; or

(d) knowingly misleads or attempts to mislead any immigration officer in relation to any matter material to the performance or exercise by any immigration officer of any duty, function, power or discretion under this Act; or

(e) unlawfully uses or without lawful authority (the burden of proof whereof shall be upon the accused person) has in his possession any forged or unlawfully altered permit or other document issued or purported to have been issued under this Act or any forged or unlawfully altered birth certificate, marriage certificate or other document purporting to establish age, status or identity; or

(f) knowingly uses or has in his possession any unlawfully issued or otherwise irregular permit or other document issued or purported to have been issued under this Act; or

(g) refuses or fails to submit to a medical examination, or to undergo or assist in carrying out any test or investigation in connexion with a medical examination, when so required under paragraph (d) of subsection (1) of section 4; or

(h) having arrived in Fiji or is about to depart therefrom as a passenger by sea or air from any place outside Fiji fails to appear before an immigration officer as directed by him; or

(i) unlawfully enters or is unlawfully present within Fiji in contravention of the provisions of this Act; or

(j) refuses or fails to comply with any notice issued to him under the provisions of this Act or any regulations made thereunder, with which he is required by this Act or such regulations to comply; or

(k) refuses or fails to comply with any lawful term or condition subject to which any permit is or has been issued to him under this Act and with which he is required by this Act to comply; or

(l) not being a person exempt under the provisions of subsection (1) of section 7 nor the holder of a permit to do so, engages in any business, profession or employment, whether for reward or not or engages in any religious vocation without the approval of the Permanent Secretary; or

(m) employs or continues to employ any person who is neither exempt under the provisions of subsection (1) of section 7 nor the holder of a permit to work; or

(n) harbours or assists any person whom he knows or has reasonable cause to believe to be a person whose presence in Fiji is unlawful; or

(o) uses any certificate, permit or exemption issued to or in respect of any other person as if it had been issued to or in respect of himself; or

(p) gives, sells, lends or parts with possession of any certificate, permit or exemption in order that, or intending or knowing or having reasonable cause to believe that, it may be used in contravention of the provisions of paragraph (o); or

(q) having been directed by any order made or deemed to have been made under section 15 to remain out of Fiji returns to Fiji in contravention of such order,

shall be guilty of an offence.

(2) For the purposes of any proceedings for an offence under paragraph (a) of subsection (1), any declaration, return, statement, application or other writing to which that paragraph relates shall be deemed to have been made, or, as the case may be, the causing thereof to be made shall be deemed to have been done, at the time and place at which the same was received by the officer or person to whom it was addressed.

(3) Subject to the provisions of subsection (6), any person convicted of an offence against the provisions of this Act for which no penalty is specified shall be liable to a fine not exceeding four hundred dollars.

(4) Where any person is convicted of an offence under paragraph (a) of subsection (1), the court may, in addition to any penalty imposed for such offence, cancel any permit which was issued in consequence of such false declaration, return or statement as is mentioned in that paragraph.

(5) Where any person is convicted of an offence under this section the Minister may, in addition to any penalty imposed by any court for such an offence, cancel his permit.

(6) Any person in respect of whom a removal order has been made who fails to remain out of Fiji in accordance with the terms of the order shall be liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

(7) Where any prohibited immigrant enters Fiji on or from any ship, whether or not with the knowledge of the owner or master or of any agent therefor, such owner and master and such agent shall each be guilty of an offence and shall be liable to a fine not exceeding four hundred dollars and the ship may, by order of the court, be detained until provision has been made by the owner or master or agent, as the case may be, to the satisfaction of the Permanent Secretary, for the conveyance out of Fiji of such prohibited immigrant:

Provided that the provisions of this subsection shall not apply in any case where the prohibited immigrant is, at the time of entry, in possession of a valid permit authorising him to enter Fiji and to be issued under the provisions of this Act or any regulations made thereunder.

(8) Where any fine is imposed under the provisions of this Act upon any owner, agent or master of any ship, such ship may, by order of the court, be detained until such fine has been paid or guaranteed to the satisfaction of the Permanent Secretary and it shall be lawful for the court when imposing any such fine to order execution against such ship in satisfaction of such fine.

(9) In any proceedings for an offence under this section a person shall be deemed to know the contents of any declaration, return, statement, application or other writing which he has signed or marked, whether he has read such declaration, return, statement, application or other writing or not.

Regulations

20.-(1) The Minister may make regulations prescribing anything which may be prescribed under the provisions of this Act and for the better carrying out of the purposes and provisions thereof, and in particular but without prejudice to the generality of the foregoing, to provide for-

(a) the procedure to be followed by persons applying for permits to enter Fiji, the particulars or documents to be supplied by them, and the persons through whom applications may be made;

(b) the amount of the security which the Permanent Secretary may require to be furnished in respect of persons entering Fiji;

(c) further terms and conditions upon which permits may be issued;

(d) the procedure to be followed by persons entering Fiji;

(e) the fees to be charged for anything done, and for any permit, exemption or document issued, granted, renewed, extended or replaced under this Act or any regulations made thereunder;

(f) any other matter which is to be, or may be, prescribed under the provisions of this Act.

(2) All forms and stamps to be issued in connection with the provisions of this Act or of any regulations or directions made thereunder shall be in the appropriate form.

Controlled by Ministry of Labour, Industrial Relations and Immigration

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CHAPTER 88

IMMIGRATION
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SECTION 3-IMMIGRATION DIRECTIONS
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TABLE OF PROVISIONS

PARAGRAPH
1. Short title
2. Interpretation
3. Application
4. Permit to enter and reside or to reside
5. Research workers
6. Dependants of persons on permits
7. General
Schedule-Churches and religious bodies and groups

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Legal Notices Nos. 66 of 1971, 40 of 1982, 25 of 1984

Short title

1. These Directions may be cited as the Immigration Directions.

Interpretation

2. In these Directions, unless the context otherwise requires-

"exempt persons" means persons who are entitled to enter Fiji without obtaining a permit under the provisions of the Act;

"Permanent Secretary" includes any immigration officer to whom the Permanent Secretary has delegated any of his powers.

Application

3.-(1) These Directions shall not apply to any exempt persons.

(2) These Directions apply to the grant of permits to enter and reside or to reside and, unless the context otherwise requires, to the extension of such permits.

Permits to enter and reside or to reside

4.-(1) Permits to enter and reside or to reside or to work in Fiji for a period of three years or for such further period as the Permanent Secretary may deem appropriate may be granted to the following:-

(a) subject to subparagraph (4), officers and ordained priests and ministers of the Churches and religious bodies and groups specified in the Schedule;

(Amended by Legal Notice 25 of 1984.)

(b) members of any Anglican or Roman Catholic religious order, being under religious vows who intend to undertake nursing, teaching or charitable or social work in Fiji:

Provided that a permit shall not be issued to any such person who-

(i) intends to teach in Fiji unless recommended by the Permanent Secretary for Education;

(ii) intends to nurse in Fiji unless recommended by the Permanent Secretary for Health;

(c) members of professions recognised as such by the Minister who have recognised professional qualifications and intend to practise their professions in Fiji during the period for which application is made;

(d) persons entering Fiji to undergo or who are under medical treatment upon the certificate of a medical practitioner being produced to the Permanent Secretary to the effect that such treatment is to be carried out in Fiji:

Provided that the duration of any such permit shall be limited to the period to be stated in such medical certificate during which such person is anticipated to be under medical treatment in Fiji;

(e) persons under written contracts of employment with local employers and for whose services there is a reasonable demand which cannot be met satisfactorily within Fiji:

Provided that no such person shall be granted any such permit except upon the instructions of the Permanent Secretary;

(f) persons who-

(i) have established or intend to establish in Fiji a business, trade or undertaking approved by the Minister; or

(ii) undertake to introduce and to maintain adequate capital or assets to the satisfaction of the Permanent Secretary into such a business, trade or undertaking; or

(iii) have assets, realisable to the satisfaction of the Permanent Secretary, outside Fiji at their disposal of an amount sufficient to ensure that they will not become a charge upon public funds.

(2) Without limiting the generality of subparagraph (1), permits to enter and reside or to reside or to work in Fiji for a period of seven years may be granted to persons who undertake to introduce into, and maintain in, a business, trade or undertaking approved by the Minister capital or assets amounting to not less than $200,000.
(Inserted by Legal Notice 40 of 1982.)

(3) A permit granted in pursuance of subparagraph (2) may be extended, by instrument in writing under the hand of the Permanent Secretary, for such period as is approved by the Minister and specified in the instrument.
(Inserted by Legal Notice 40 of 1982.)

(4) A permit shall not be granted pursuant to item (a) of subparagraph (1) to an officer or ordained priest or minister of a Church or religious body or group specified in Part B of the Schedule unless the application for the permit is received from the Fiji Council of Churches.
(Inserted by Legal Notice No. 25 of 1984.)

Research workers

5. Permits to enter and reside or to reside for a period not exceeding six months at any time may be issued to persons entering Fiji for the purpose of bona fide research studies or projects and who the Permanent Secretary is satisfied are in possession of an adequate assured income from sources outside Fiji.

Dependants of persons on permits

6.-(1) Permits to enter and reside or to reside co-extensive with those of their husbands shall be issued to wives of persons to whom permits to enter and reside or to reside have been issued.

(2) Permits to enter and reside co-extensive with those of their parents or until they attain the age of 21 years, which ever is the shorter period, shall be issued to the dependent unmarried children under the age 21 years of persons to whom permits to enter and reside or to reside have been issued.

General

7. The Minister may, in case of any person who does not come within the provisions of any of the preceding directions, in his discretion authorise the granting of a permit to such person to enter and reside or to reside in Fiji.

SCHEDULE
(Paragraph 4(1)(a))

(Inserted by Legal Notice No. 25 of 1984.)

CHURCHES AND RELIGIOUS BODIES AND GROUPS

PART A

Item
1. Anglican Church
2. Congregational Christian Church
3. Methodist Church
4. Presbyterian Church
5. Roman Catholic Church
6. The Salvation Army
7. Assemblies of God
8. Bible Baptist Church
9. Church of Christ
10. Fiji Baptist Mission
11. Fiji Gospel Church (Brethren)
12. Pentecostal Church
13. Seventh-Day Adventists
14. South Pacific Evangelical Fellowship
15. Fiji Muslim League
16. Arya Prathinidi Sabha of Fiji
17. Sanatan Prathinidi Sabha of Fiji
18. The Sikhism
19. Episcopal Conference of the Pacific
20. Pacific Conference of Churches
21. Pacific Theological College
22. Pacific Regional Seminary
23. Mormons-Church of the Latter Day Saints of Jesus Christ
24, Bible Society in the South Pacific
25. World Vision International
26. Young Men's Christian Association
27. Young Women's Christian Association

PART B

28. Ambassador for Christ
29. Child Evangelism Fellowship of Fiji
30. Fiji Campus Crusade for Christ
31. Gideons International
32. Pacific Students for Christ (Students Christian Fellowship)
33. Scripture Union of Fiji
34. Student Christian Movement
35. Youth with a Mission

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SECTION 7-EXEMPTIONS

Order 23 November 1971
(Legal Notice No. 149 of 1971)

In the exercise of the powers conferred by paragraph (e) of subsection (1) of section 7 of the Act, the Minister has ordered that-

(a) any member of the Peace Corps of the United States of America, Voluntary Services Overseas of the United Kingdom and Voluntary Service Abroad of New Zealand shall be entitled to enter, to reside and to work in Fiji as such a member without having obtained a permit under the provisions of the Act;

(b) any person coming to Fiji for consultation with or advising the Government and who has been invited so to come by the Government or by any Government Ministry or department shall be entitled to enter, to reside and to work in Fiji during the period of such consultation or advising without having obtained a permit under the provisions of the Act;

(c) any person employed temporarily on specific work approved by the Permanent Secretary may for a period of not more than fourteen days work in Fiji without having obtained a permit under the Act so to do;

(d) any person temporarily or periodically employed by charitable organisations approved by the Permanent Secretary shall be entitled to work in Fiji without having obtained a permit under the Act so to do;

(e) any person recommended by any charitable organisation shall be entitled to enter Fiji without having obtained a permit under the Act so to do:

Provided that such person and organisation are approved by the Permanent Secretary;

(f) any person, other than a person arriving in a privately owned yacht, who enters Fiji and leaves Fiji on the ship on which he arrived immediately upon its departure but not later than seven days after its original arrival shall be entitled to enter Fiji without having obtained a permit under the Act so to do.

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SECTION 7-IMMIGRATION PERMITS ORDER

TABLE OF PROVISIONS

PARAGRAPH
1. Short title
2. Specification of additional class of persons under section 7.

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Legal Notice No. 120 of 1972

1. This Order may be cited as the Immigration Permits Order.

2. The wife of any citizen of Fiji shall be entitled to enter and reside in Fiji without having obtained a permit under the Act, if her husband is at that time resident in Fiji.

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SECTION 20-IMMIGRATION REGULATIONS

TABLE OF PROVISIONS

REGULATION
1. Short title
2. Applications for permits
3. Permits to work
4. Security deposit
5. Fees

Schedule - Fees

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Legal Notices Nos. 67 of 1971, 248 of 1974, 43 of 1979, 42 of 1984

Short title

1. These Regulations may be cited as the Immigration Regulations.

Applications for permits

2.-(1) Every person applying for a permit under the provisions of the Act, other than a visitor's permit, shall make application therefor to the Permanent Secretary.

(2) Every person applying for a visitor's permit shall make application therefor to an immigration officer at the port of entry.

Permits to work

3.-(1) Applications for permits to reside and work in Fiji shall be made jointly by the proposed employer and the proposed employee to the Permanent Secretary and be lodged with him not less than one month or within such shorter period as the Permanent Secretary may permit in any particular case before the proposed employee desires to commence his employment.

(2) The conditions upon which a permit to reside and work may be granted shall be-

(a) that security to the satisfaction of the Permanent Secretary be given by the employer;

(b) that the employee shall work for the employer and for no other person unless so authorised in writing by the Permanent Secretary;

(c) that fourteen days' prior written notice be given by the employer to the Permanent Secretary of the expiry or sooner determination of the contract of employment:

Provided that in the case of premature determination of the contract, immediate notice in writing shall be given;

(d) that where the Permanent Secretary considers it appropriate, the employer shall train a citizen of Fiji in the work for which the employee has been granted the permit;

(e) that the permit shall become void immediately upon the breach of any of the conditions and shall thereupon be surrendered forthwith to the Permanent Secretary,

and any permit shall be subject to such further conditions as the Permanent Secretary may deem fit to impose.

(3) If an application for a permit under the provisions of this regulation is approved, then separate permits shall be granted to the employer to employ the employee and to the employee to reside and work for the employer in Fiji.

(4) Permits to reside and work in Fiji shall be binding upon each of the employer and the employee and a duplicate of each such permit issued shall be signed by the person to whom it has been granted and shall be returned to the Permanent Secretary within fourteen days of the permit being granted.

Security deposit

4.-(1) Where any person is required to furnish security under the provisions of the Act or of these Regulations, the amount of such security shall be such sum as shall be sufficient to pay the cost of the transportation of that person by air to his place of birth, or normal residence, or to the place from which he arrived in Fiji, whichever is the greatest sum.

(2) Security may at the discretion of the Permanent Secretary be accepted in the form of a deposit of cash or of the lodging of a security bond.

(3) Where a person has furnished security by a deposit of cash, such deposit may be retained by the Permanent Secretary for so long as such person resides in Fiji by virtue of any permit issued to him or under the authority of the Permanent Secretary.

Fees

5. The fees to be charged in connection with the provisions of the Act or of these Regulations shall be those set out in the Schedule:

Provided that the Permanent Secretary may at his discretion waive any such fee either generally or in any particular case.

SCHEDULE
(Regulation 5)
(Substituted by Legal Notice 42 of 1984)

Item Subject Fee

$

1. Supply of application form for all permits (other than visitor's
permits) ............................................................................................. 0.50
2. Application for permit to enter, reside and work............................. 50.00
3. Application for a permit to enter and reside on assured income...... 40.00
4. Application for a permit to enter, reside and study.......................... 20.00
5. Application for permit to enter for a purpose other than those
specified in Items 2, 3 and 4, or as a visitor..........................................30.00
6. Application to extend or vary a permit (other than a visitor's
permit)................................................................................................... 20.00
7. Issue of a permit (other than a visitor's permit) ............................... 15.00
8. Issue of extension of a permit............................................................10.00
9. Endorsement on permit of extension or variation of the permit
(other than visitor's permit) .................................................................. 10.00
10. Issue of duplicate or replacement permit........................................ 10.00
11. Lodgement of appeal under section 18 of the Act.......................... 50.00

Controlled by Ministry of Home Affairs

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