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 15] Power to remove prohibited immigrants15
15
[subs (1) am Decree 30 of 2011 s 3, effective 11 July 2011]
(2) An order under subsection (1) takes effect either on the date of service or, if the person is serving a sentence of imprisonment, on the completion of the sentence of imprisonment, as the Permanent Secretary specifies in the order.
(3) An order made under this section must be carried into effect in such manner as the Permanent Secretary directs in writing, including removal of the person by use of reasonable force if necessary.
(4) A person against whom an order under this section is made may, before leaving Fiji and while being conveyed to the place of departure, be kept in prison, in police custody or in any other place of custody authorised by the Permanent Secretary, and while so kept is deemed to be in lawful custody.
[subs (4) am Decree 30 of 2011 s 3, effective 11 July 2011]
(5) The Permanent Secretary may vary or revoke an order or directions given under this section.
(6) A person against whom a removal order has been made may be removed to the place from where the person came or to the country of which the person is a citizen, or to any other country or place to which the person consents to be removed, if the Government of the country or place agrees to receive the person.
(7) The master of a ship or commander of an aircraft which is proceeding to a country or place to which a person is directed to be removed to must, if so required by an immigration officer, receive the person on board the ship or aircraft and afford the person a passage to the country or place and proper accommodation and maintenance during the passage.
(8) If the master of a ship or commander of an aircraft fails to comply with subsection (6), the master, commander, the owner of the ship or aircraft and the owner's agent each commits an offence.
(9) If a person in respect of whom a removal order is made under this section has been sentenced to a term of imprisonment by a court in Fiji, the person must serve the sentence before the order is carried into effect.
[subs (9) am Decree 30 of 2011 s 3, effective 11 July 2011]
(10) A person in respect of whom a removal order has been made under section 15 who re-enters Fiji while the removal order is in force commits an offence.
[subs (10) am Decree 30 of 2011 s 3, effective 11 July 2011]