The Laws of Fiji
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Last Updated: 10 October 2023
AN ACT TO MAKE PROVISIONS RELATING TO IMMIGRATION, TO REGULATE AND CONTROL TRAFFICKING AND SMUGGLING OF PERSONS, TO REGULATE DETERMINATION OF REFUGEE STATUS AND FOR RELATED MATTERS
[IMM 10] Notification of refusal10
10
- (a)to issue a permit; or
- (b)to extend or vary a permit,
the Permanent Secretary must notify the applicant in accordance with this section.
(2) Notice of a decision to refuse to issue a permit must—
- (a)where the permit was refused because a condition for the issue of the permit was not satisfied, specify the condition;
- (b)where the permit was refused because a provision of this Act or the regulations prevented the issue of the permit, specify the provision;
- (c)give written reasons why the condition was not satisfied or the provision prevented the issue of the permit; and
- (d)state—
- (i)the right to appeal under section 58;
- (ii)the time within which the appeal must be made; and
- (iii)the place where the appeal is to be lodged.
(3) Notice of a decision to refuse to issue, extend or vary a permit must—
- (a)give written reasons why the issue, extension or variation was refused; and
- (b)state—
- (i)the right to appeal under section 58;
- (ii)the time within which the appeal must be made; and
- (iii)the place where the appeal is to be lodged.
(4) Failure to give notice of a decision to refuse to issue, extend or vary a permit does not affect the validity of the decision.
(5) A statement of reasons under subsection (2)(c) or subsection (3)(a) must not include any information or matter to which a certificate under section 61 applies.
(6) A reference in this section to a refusal to issue a permit does not include a reference to a refusal to issue a visitor's permit under section 9(2)(a).