{"ActId":0,"CurrentPage":2,"EndPage":3,"Query":"prohibited immigrant","Results":[{"ActId":3170,"FileName":"sect_LOF.CAP88.IMAFJ03.S14.htm","Html":"

[IMM 14]  Offences relating to prohibited immigrants

(1)  If a prohibited immigrant enters Fiji on a ship or aircraft, whether or not with the knowledge of the owner, the owner's agent or the master or commander, as the case may be, the owner, the owner's agent or the master or commander each commits an offence.

[subs (1) am Decree 30 of 2011 s 3, 11 July 2013]

(2)  Subsection (1) does not apply in any case where the prohibited immigrant is, at the time of entry, in possession of a valid permit issued under this Act or the regulations authorising him or her to enter Fiji.

[subs (2) am Decree 30 of 2011 s 3, 11 July 2013]

(3)  If a person is convicted of an offence under subsection (1) in respect of a ship or aircraft, the ship or aircraft may, by order of the court, be detained until provision has been made by the owner, owner's agent, master or commander, as the case may be, to the satisfaction of the Permanent Secretary, for the conveyance out of Fiji of the prohibited immigrant.

[subs (3) am Decree 30 of 2011 s 3, 11 July 2011]

","LegalId":"LOF.CAP88.IMAFJ03.S14","ParentSection":[{"LegalId":"LOF.CAP88.IMAFJ03.PT4","ParentId":"LOF.CAP88.IMAFJ03.BODY","Title":"PART 4 PROHIBITED IMMIGRANTS [ss 13-16]"},{"LegalId":"LOF.CAP88.IMAFJ03.BODY","ParentId":"","Title":"IMMIGRATION ACT 2003"}],"Text":"[IMM 14]  Offences relating to prohibited immigrants (1)  If a prohibited immigrant enters Fiji on a ship or aircraft, whether or not with the knowledge of the owner, the owner's agent or the master or commander, as the case may be, the owner, the owner's agent or the master or commander each commits an offence. [subs (1) am Decree 30 of 2011 s 3, 11 July 2013] (2)  Subsection (1) does not apply in any case where the prohibited immigrant is, at the time of entry, in possession of a valid permit issued under this Act or the regulations authorising him or her to enter Fiji. [subs (2) am Decree 30 of 2011 s 3, 11 July 2013] (3)  If a person is convicted of an offence under subsection (1) in respect of a ship or aircraft, the ship or aircraft may, by order of the court, be detained until provision has been made by the owner, owner's agent, master or commander, as the case may be, to the satisfaction of the Permanent Secretary, for the conveyance out of Fiji of the prohibited immigrant. [subs (3) am Decree 30 of 2011 s 3, 11 July 2011]","Title":"[IMM 14] s 14 Offences relating to prohibited immigrants"},{"ActId":3170,"FileName":"sect_LOF.CAP88.IMAFJ03.S13.htm","Html":"

[IMM 13]  Persons who are prohibited immigrants

(1)  A person who\u2014 is subject to subsections (3) and (4), a prohibited immigrant and the person's entry into or presence in Fiji is unlawful.

[subs (1) am Decree 30 of 2011 s 3, 11 July 2011]

(2)  The following persons, if they are not citizens, are members of the prohibited class\u2014

[subs (2) am Promulgation 3 of 2008 s 2, 25 February 2008 Decree 30 of 2011 s 3, 11 July 2011]

(3)  Notwithstanding subsection (1) , a person whose permit has been cancelled or whose request for the extension or variation of a permit has been refused does not become a prohibited immigrant until\u2014 whichever is the later.
(4)  A person who enters Fiji in order\u2014 is not a prohibited immigrant and may enter and remain in Fiji without a permit for so long, but only for so long, as is necessary for the purpose.

[subs (4) am Decree 30 of 2011 s 3, 11 July 2011]

","LegalId":"LOF.CAP88.IMAFJ03.S13","ParentSection":[{"LegalId":"LOF.CAP88.IMAFJ03.PT4","ParentId":"LOF.CAP88.IMAFJ03.BODY","Title":"PART 4 PROHIBITED IMMIGRANTS [ss 13-16]"},{"LegalId":"LOF.CAP88.IMAFJ03.BODY","ParentId":"","Title":"IMMIGRATION ACT 2003"}],"Text":"[IMM 13]  Persons who are prohibited immigrants (1)  A person who\u2014 (a) is not a person entitled to enter Fiji without a permit under section 9 ; or (b) is a member of a prohibited class by virtue of subsection (2) , is subject to subsections (3) and (4), a prohibited immigrant and the person's entry into or presence in Fiji is unlawful. [subs (1) am Decree 30 of 2011 s 3, 11 July 2011] (2)  The following persons, if they are not citizens, are members of the prohibited class\u2014 (a) a person who, not being an exempted person, is not the holder of a valid permit; (b) a person in respect of whom a deportation order under Part 7 or a removal order under section 15 is in force; (c) enters Fiji by virtue of Part 5 ; (d) a person who\u2014 (i) refuse to submit to an examination by a registered medical practitioner after being required to do so under section 5(1)(e) or to undergo any test or examination which the practitioner requires; or (ii) is certified by a registered medical practitioner to be suffering from a contagious or infectious disease, or from a mental disease or disorder, that makes the person's presence in Fiji dangerous to the community; (e) a person who has been convicted by a court in another country of an offence which if committed in Fiji would be an offence that carries a minimum penalty of imprisonment of 2 years or more (including life imprisonment) or a minimum fine of $5,000 or more, and has not received a free pardon; (f) a person who has arrived in Fiji as a stowaway; (g) a person who prior to or after entry into Fiji, as a result of information received from any country through official or diplomatic channels, or from any other source the Minister considers reliable, is deemed by the Minister to be a person who is or has been conducting himself or herself in a manner prejudicial to the peace, defence, public safety, public, order, public morality, public health, security or good government of Fiji, provided that and notwithstanding anything contained in this Act, the decision of the Minister made under this paragraph shall be final and conclusive and shall not be questioned or reviewed in any court: (h) a person who is in the course of deportation or compulsory removal from any other country; (i) a person who is a member of any class of persons declared by the Minister, by order in the Gazette, to be a prohibited class for the purposes of this section; (j) a member of the family, and any dependant of, a prohibited immigrant, unless the Minister in his or her discretion declares in writing that the member or dependant is not a member of the prohibited class; (k) a person who, at the time of entry into Fiji, is unable to show that he or she has the means of supporting himself or herself and his or her family and any dependant or that the person has a permit to work in Fiji or who is likely to become a pauper or charge on the public; (l) a person who is a member of a \u201cterrorist group\u201d as defined under Part 5 ; (m) an asylum seeker whose claim has been refused or a refugee whose status has been cancelled under Part 6 . [subs (2) am Promulgation 3 of 2008 s 2, 25 February 2008 Decree 30 of 2011 s 3, 11 July 2011] (3)  Notwithstanding subsection (1) , a person whose permit has been cancelled or whose request for the extension or variation of a permit has been refused does not become a prohibited immigrant until\u2014 (a) the Minister makes a decision on an appeal made under section 58 ; or (b) the end of 21 day after the day on which notice of the cancellation or refusal was given to the person, whichever is the later. (4)  A person who enters Fiji in order\u2014 (a) to be tried by a court of competent jurisdiction; (b) to serve a sentence of imprisonment; or (c) to be detained in lawful custody for any other reason, is not a prohibited immigrant and may enter and remain in Fiji without a permit for so long, but only for so long, as is necessary for the purpose. [subs (4) am Decree 30 of 2011 s 3, 11 July 2011]","Title":"[IMM 13] s 13 Persons who are prohibited immigrants"},{"ActId":3170,"FileName":"part_LOF.CAP88.IMAFJ03.PT4.htm","Html":"

PART 4  PROHIBITED IMMIGRANTS [ss 13-16]

","LegalId":"LOF.CAP88.IMAFJ03.PT4","ParentSection":[{"LegalId":"LOF.CAP88.IMAFJ03.BODY","ParentId":"","Title":"IMMIGRATION ACT 2003"}],"Text":"PART 4  PROHIBITED IMMIGRANTS [ss 13-16]","Title":"PART 4 PROHIBITED IMMIGRANTS [ss 13-16]"},{"ActId":3170,"FileName":"sect_LOF.CAP88.IMAFJ03.S6.htm","Html":"

[IMM 6]  Duties on entry into and departure from Fiji

(1)  A person who, without lawful authority or without reasonable excuse, enters or departs from Fiji except at a declared port or an authorised airport commits an offence.

[subs (1) am Decree 30 of 2011 s 3, 11 July 2011]

(2)  The owner, agent, master or commander of a ship or aircraft must, at least one hour before departing another country for Fiji and in any manner of communication, send a list required under subsection 3(a) to an immigration officer at the port or airport in which the ship or aircraft will arrive in Fiji.

[subs (2) am Decree 30 of 2011 s 3, 11 July 2011]

(3)  The master of a ship or commander of an aircraft arriving in Fiji or about to depart from Fiji must\u2014

[subs (3) am Decree 30 of 2011 s 3, 11 July 2011]

(4)  The master of a ship or commander of an aircraft about to depart from Fiji who\u2014 commits an offence.

[subs (4) am Decree 30 of 2011 s 3, 11 July 2011]

(5)  The master of a ship, which arrives in or is about to depart from Fiji must\u2014

[subs (5) am Decree 30 of 2011 s 3, 11 July 2011]

(6)  A master of a ship who contravenes subsection (5)(a) or (b) commits an offence.
(7)  The master, the owner or the owner's agent of a ship which is due to arrive in Fiji from a place outside Fiji, or which is about to depart from Fiji, must give to an immigration officer at least 24 hours\u2019 notice in writing of the expected arrival or departure time.

[subs (7) am Decree 30 of 2011 s 3, 11 July 2011]

(8)  If a ship is due to arrive in Fiji or is about to depart from Fiji on a Saturday, Sunday or public holiday, the period of notice required under subsection (7) is at least 48 hours.

[subs (8) am Decree 30 of 2011 s 3, 11 July 2011]

(9)  If notice is not given under subsection (7) , the master, the owner or the owner\u2019s agent each commits an offence.
(10)  The master of a ship or commander of an aircraft departing from Fiji must not cause the ship or aircraft to depart unless an immigration officer has issued a certificate of clearance.

[subs (10) am Decree 30 of 2011 s 3, 11 July 2011]

(11)  The master of a ship or commander of an aircraft departing from Fiji must not\u2014 after a certificate of clearance has been issued by an immigration officer.

[subs (11) am Decree 30 of 2011 s 3, 11 July 2011]

(12)  A master of a ship or commander of an aircraft who contravenes subsection (10) , (11)(a) or (b) commits an offence.
(13)  The Minister may, by order in the Gazette, exempt any ship or class of ship or any aircraft or class of aircraft from all or any of the provisions of this section.

[s 6 am Decree 30 of 2011 s 3, 11 July 2011]

","LegalId":"LOF.CAP88.IMAFJ03.S6","ParentSection":[{"LegalId":"LOF.CAP88.IMAFJ03.PT3","ParentId":"LOF.CAP88.IMAFJ03.BODY","Title":"PART 3 ENTRY INTO AND DEPARTURE FROM FIJI [ss 6-12]"},{"LegalId":"LOF.CAP88.IMAFJ03.BODY","ParentId":"","Title":"IMMIGRATION ACT 2003"}],"Text":"[IMM 6]  Duties on entry into and departure from Fiji (1)  A person who, without lawful authority or without reasonable excuse, enters or departs from Fiji except at a declared port or an authorised airport commits an offence. [subs (1) am Decree 30 of 2011 s 3, 11 July 2011] (2)  The owner, agent, master or commander of a ship or aircraft must, at least one hour before departing another country for Fiji and in any manner of communication, send a list required under subsection 3(a) to an immigration officer at the port or airport in which the ship or aircraft will arrive in Fiji. [subs (2) am Decree 30 of 2011 s 3, 11 July 2011] (3)  The master of a ship or commander of an aircraft arriving in Fiji or about to depart from Fiji must\u2014 (a) deliver to the immigration officer a complete list in duplicate of all officers, crew members, passengers (including passengers in transit) and other persons on the ship or aircraft; (b) inform the immigration officer if the master or the commander knows or has reasonable grounds for believing any person on the ship or aircraft to be a prohibited immigrant, a stowaway or a person who is in the course of deportation or compulsory repatriation; (c) use all reasonable means to prevent any person on the ship or aircraft entering or departing Fiji in contravention of this Act; (d) prevent, with such reasonable force as is necessary, the re-entry of a person on the ship or aircraft\u2014 (i) who has been handed over to the custody of the master or commander under section 5(3) ; or (ii) in respect of whom to the knowledge of the master or commander a removal order under section 15 or a deportation order under Part 7 is in force. [subs (3) am Decree 30 of 2011 s 3, 11 July 2011] (4)  The master of a ship or commander of an aircraft about to depart from Fiji who\u2014 (a) contravenes subsection (3)(a) , (b) , (c) or (d) ; or (b) provides a list as required by subsection (3)(a) which the master or commander knows or ought to know is false or misleading, commits an offence. [subs (4) am Decree 30 of 2011 s 3, 11 July 2011] (5)  The master of a ship, which arrives in or is about to depart from Fiji must\u2014 (a) provide suitable facilities and assistance on board the ship for the proper performance by the immigration officer of his or her duties; and (b) in the case of a privately owned ship arriving in Fiji, provide bonds or tickets as the immigration officer requires for all persons on board the ship who will be disembarking. [subs (5) am Decree 30 of 2011 s 3, 11 July 2011] (6)  A master of a ship who contravenes subsection (5)(a) or (b) commits an offence. (7)  The master, the owner or the owner's agent of a ship which is due to arrive in Fiji from a place outside Fiji, or which is about to depart from Fiji, must give to an immigration officer at least 24 hours\u2019 notice in writing of the expected arrival or departure time. [subs (7) am Decree 30 of 2011 s 3, 11 July 2011] (8)  If a ship is due to arrive in Fiji or is about to depart from Fiji on a Saturday, Sunday or public holiday, the period of notice required under subsection (7) is at least 48 hours. [subs (8) am Decree 30 of 2011 s 3, 11 July 2011] (9)  If notice is not given under subsection (7) , the master, the owner or the owner\u2019s agent each commits an offence. (10)  The master of a ship or commander of an aircraft departing from Fiji must not cause the ship or aircraft to depart unless an immigration officer has issued a certificate of clearance. [subs (10) am Decree 30 of 2011 s 3, 11 July 2011] (11)  The master of a ship or commander of an aircraft departing from Fiji must not\u2014 (a) cause the ship or aircraft to call at any other port or place in Fiji; or (b) permit any person whose name does not appear on the list delivered under subsection (3)(a) to board the, ship or aircraft, after a certificate of clearance has been issued by an immigration officer. [subs (11) am Decree 30 of 2011 s 3, 11 July 2011] (12)  A master of a ship or commander of an aircraft who contravenes subsection (10) , (11)(a) or (b) commits an offence. (13)  The Minister may, by order in the Gazette, exempt any ship or class of ship or any aircraft or class of aircraft from all or any of the provisions of this section. [s 6 am Decree 30 of 2011 s 3, 11 July 2011]","Title":"[IMM 6] s 6 Duties on entry into and departure from Fiji"},{"ActId":3170,"FileName":"sect_LOF.CAP88.IMAFJ03.S5.htm","Html":"

[IMM 5]  Powers of immigration officers

(1)  For the purpose of exercising powers, performing functions or carrying out duties under this Act, an immigration officer may\u2014

[subs (1) am Decree 30 of 2011 s 3, 11 July 2011]

(2)  If\u2014 the officer may arrest the person without a warrant and sections 18 to 26 of the Criminal Procedure Act 2009 apply, and an immigration officer is deemed to be a police officer for the purposes of those sections.

[subs (2) am Act 31 of 2016 s 101, 1 December 2016]

(3)  If a person arrested under subsection (2) is an officer, crew member or passenger on a ship or aircraft whom the immigration officer or police officer has reasonable cause to suspect of being a prohibited immigrant, the officer may hand over the person to the master of the ship or commander of the aircraft to be kept in custody until the departure of ship or aircraft.
(4)  A person who\u2014 commits an offence.
(5)  Any answer to a question or inquiry under subsection (1)(b) or any document produced under subsection (1)(c) is admissible in evidence in relation to any matter arising under or connected with this Act in any civil or criminal proceedings.
(6)  Subsection (5) does not render an answer or document admissible in evidence in proceedings in which the answer or document would be inadmissible.
","LegalId":"LOF.CAP88.IMAFJ03.S5","ParentSection":[{"LegalId":"LOF.CAP88.IMAFJ03.PT2","ParentId":"LOF.CAP88.IMAFJ03.BODY","Title":"PART 2 DESIGNATIONS, APPOINTMENTS AND POWERS OF IMMIGRATION OFFICERS [ss 4-5]"},{"LegalId":"LOF.CAP88.IMAFJ03.BODY","ParentId":"","Title":"IMMIGRATION ACT 2003"}],"Text":"[IMM 5]  Powers of immigration officers (1)  For the purpose of exercising powers, performing functions or carrying out duties under this Act, an immigration officer may\u2014 (a) without a search warrant, enter and search any ship, aircraft, vehicle, premises or place; (b) question any person\u2014 (i) who desires to enter or to leave Fiji; (ii) whom the officer has reasonable grounds for believing to be a prohibited immigrant; (iii) who is applying for extension or variation of a permit or for exemption; or (iv) whom the officer reasonably believes can give material information regarding any person mentioned in subparagraphs (i) , (ii) or (iii) ; (c) require any such person to produce any documents in his or her possession, which are necessary to enable the officer to carry out his or her duties under this Act; (d) require any person who desires to enter or leave Fiji to make and sign any form of declaration; (e) require any person who desires to enter Fiji to submit to an examination by a registered medical practitioner, and to undergo any test or investigation, which the practitioner requires. [subs (1) am Decree 30 of 2011 s 3, 11 July 2011] (2)  If\u2014 (a) an immigration officer or a police officer has reasonable cause to suspect that a person has committed an offence against this Act or the Regulations or is a prohibited immigrant; and (b) it appears to the officer to be necessary to arrest the person immediately in order to secure the ends of justice or so that the purpose of this Act is not defeated, the officer may arrest the person without a warrant and sections 18 to 26 of the Criminal Procedure Act 2009 apply, and an immigration officer is deemed to be a police officer for the purposes of those sections. [subs (2) am Act 31 of 2016 s 101, 1 December 2016] (3)  If a person arrested under subsection (2) is an officer, crew member or passenger on a ship or aircraft whom the immigration officer or police officer has reasonable cause to suspect of being a prohibited immigrant, the officer may hand over the person to the master of the ship or commander of the aircraft to be kept in custody until the departure of ship or aircraft. (4)  A person who\u2014 (a) refuses to answer any question or inquiry in the course of interrogation under subsection (l)(b) ; (b) gives to any such question or inquiry an answer which the person knows or ought to know is false or misleading; or (c) when required under subsection (1)(c) to produce a document which is in the person's power to produce, refuses or fails to produce it within a reasonable time, or produces a document which the person knows or has reasonable cause to believe to be false or misleading, commits an offence. (5)  Any answer to a question or inquiry under subsection (1)(b) or any document produced under subsection (1)(c) is admissible in evidence in relation to any matter arising under or connected with this Act in any civil or criminal proceedings. (6)  Subsection (5) does not render an answer or document admissible in evidence in proceedings in which the answer or document would be inadmissible.","Title":"[IMM 5] s 5 Powers of immigration officers"}],"SearchFor":"All","StartPage":1,"TotalItems":11,"TotalPages":3}