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Deportation Act [Cap 90]

LAWS OF FIJI

CHAPTER 90

DEPORTATION

Act No. 25 of 1971

AN ACT TO MAKE PROVISION FOR THE DEPORTATION OF PERSONS
WHO ARE NOT CITIZENS OF FIJI AND FOR MATTERS CONNECTED
THEREWITH OR INCIDENTAL THERETO

[13th May, 1971]

Short title

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

Interpretation

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

"convicted person" means a person who has been convicted of an offence prejudicial to the peace, defence, public morality, public health, security or good government of Fiji as, in the opinion of the Minister, would justify his deportation;

"deportation order" means an order requiring the person in respect of whom it is made to leave and remain out of Fiji;

"destitute person" means a person who is, or is likely to be, a charge upon public funds by reasons of mental or bodily health or insufficiency of means to support himself and his dependents;

"person charged" means a person in respect of whom it is alleged that there are grounds for making a deportation order under this Act and includes a person in respect of whom such an order has been made;

"prohibited immigrant" means a person who has entered Fiji in breach of the provisions of any law relating to immigration,

"undesirable person" means a person who is or has been conducting himself in a manner prejudicial to the peace, defence, public safety, public order, public morality, public health, security or good government of Fiji.

Application

3. This Act shall not apply to persons who are citizens of Fiji.

Power to make deportation orders

4. Subject to the provisions of this Act, the Minister may, if he thinks fit, make a deportation order in such form as may be prescribed in respect of-

(a) a convicted person; or

(b) an undesirable person; or

(c) a destitute person; or

(d) a prohibited immigrant.

Procedure

5.-(1) In any case where it is intended to make a deportation order under section 4, a notice signed by or under the authority of the Minister shall be served upon the person charged specifying the facts alleged against him with sufficient particulars as to give him reasonable information of the grounds upon which it is alleged that the order may be made against him under this Act, and requiring him to show cause before a magistrate at a time to be stated in the notice, why such order should not be made against him.

(2) Where it is represented on oath or affidavit to a magistrate that a person charged is a convicted person, an undesirable person, a destitute person or a prohibited immigrant, the magistrate may issue a warrant for his arrest and if the notice mentioned in subsection (1) shall not have already been served upon him it shall be so served upon him not later than twenty-four hours after his arrest.

(3) Every witness whose evidence may be required before the magistrate in proceedings taken under this section shall be issued with a summons at the instance of a police officer or a person charged and any such witness who fails to appear shall be dealt with in the manner provided for in the Criminal Procedure Code.
(Cap. 21.)

(4) The Attorney-General may certify to the magistrate hearing the proceedings under this section or the person charged may request such magistrate that it is desirable that the proceedings be held in camera, and the magistrate shall thereupon direct that the public shall not have access to, or be or remain in, any room, building or place in which such proceedings are taking place during the hearing thereof.

(5) A barrister and solicitor may appear with the person charged, as his legal representative.

(6) The magistrate, after considering the evidence adduced before him and making such further investigations as he may consider to be desirable, shall make a report to the Minister setting out his findings of fact and his conclusions on any questions of law involved.

(7) On receipt of a magistrate's report, the Minister may, in his discretion, having regard to the findings of facts and any conclusions of law as stated in the report, make a deportation order.

Detention in custody pending decision

6. Where a magistrate has made a report to the Minister under section 5, he may order that the person charged be detained in such manner as he may direct, pending the decision of the Minister, for a period not exceeding twenty-eight days and such person shall be deemed to be in lawful custody whilst so detained.

Execution of orders

7.-(1) Where a deportation order is made under the provisions of section 4, a copy of such order shall, as soon as practicable, be served upon the person charged.

(2) A person against whom a deportation order is in force may be detained in such manner as may be directed by the Minister and may be placed on a ship or aircraft about to leave Fiji and shall be deemed to be in lawful custody whilst so detained and until the ship or aircraft leaves Fiji.

(3) Where any person against whom a deportation order is in force has been placed on any ship or aircraft, the master of the ship or the commander of the aircraft shall, if so required by the Minister or by any person authorised by the Minister, take such steps as may be necessary for preventing such persons from landing from the ship or aircraft before it leaves Fiji and may for that purpose detain such person in custody on board the ship or aircraft.

Persons undergoing sentence

8. If a person against whom a deportation order is in force 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.

Expenses

9.-(1) Where a deportation order is made, the Minister may if he thinks fit, apply any money or property of the person charged in payment of the whole or any part of the expenses of or incidental to his deportation from Fiji and his maintenance until departure.

(2) Subject to the provisions of subsection (1), any such expenses shall be payable out of the Consolidated Fund.

(3) Any person in possession of money or property belonging to or standing to the credit of a person charged shall, if so required by notice in writing signed by or under the authority of the Minister, deliver such money or property to such person as may be specified in the notice who may sell or convert into money any such property for the purpose of defraying any such expenses or the cost of maintenance of the person charged.

Offences and penalties

10.-(1) If a person in respect of whom a deportation order is in force is at any time found within Fiji or returns or attempts to return to Fiji in contravention of the provisions of such order he shall be guilty of an offence and, on conviction, shall be liable to a term of imprisonment not exceeding six months and to a fine not exceeding two hundred dollars.

(2) Any conviction under the provisions of subsection (1) shall not affect the original deportation order and the person charged may be deported in pursuance of such order without the necessity of complying with the provisions of section 5.

(3) Any person who, without lawful excuse, assists, harbours or conceals any person who is within Fiji in contravention of the terms of a deportation order shall be guilty of an offence and shall be liable on conviction to a term of imprisonment not exceeding six months and to a fine not exceeding two hundred dollars.

(4) Any person who fails to comply with any notice issued under subsection (3) of section 9 shall be guilty of an offence and shall be liable on conviction-

(a) in the case of an individual, to a term of imprisonment not exceeding one year and to a fine not exceeding two hundred dollars; and

(b) in the case of a body corporate to a fine not exceeding one thousand dollars.

Evidence

11. In any proceedings under this Act-

(a) the burden of proof that the person charged is a citizen of Fiji shall be upon that person;

(b) a document purporting to be a deportation order under this Act shall, until the contrary be proved, be presumed to be such an order;

(c) any deportation order shall, until the contrary be proved, be presumed to have been made on the date upon which it purports to have been made;

(d) any notice signed by or under the authority of the Minister shall, unless the contrary be proved be presumed to have been validly made.

Regulations

12. The Minister may make regulations for carrying into effect the provisions of this Act.

Controlled by Ministry of Labour, Industrial Relations and Immigration

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SUBSIDIARY LEGISLATION

CHAPTER 90

DEPORTATION

SECTION 12-DEPORTATION REGULATIONS

Regulations 20th Dec., 1976
Made by the Minister

Short title

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

Form of deportation order

2. A deportation order made by the Minister under section 4 of the Act shall be as in the form set out in the Schedule.

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SCHEDULE

DEPORTATION ACT
(Chapter 90)
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DEPORTATION ORDER
(SECTION 4 and REGULATION 2)

WHEREAS-

(1) ................................................................a magistrate has in accordance with the provisions of section 5 of the said Act made a report on the case of (name)......................................... of (address).....................a person not being a Fiji citizen.

(2) I have considered the matter and having regard to the findings of fact and conclusions of law stated in the said report I am satisfied that a deportation order may properly be made and that it is expedient to make such an order.

Now therefore in exercise of the powers conferred upon me by section 4 of the said Act I do hereby order that the said. ...........................................be deported from Fiji.

*The period within which the said ....................................................may comply with this Order of his own volition is ..................................................... days from the date hereof.

* (Note:-This paragraph is not required when the person to be deported is in custody).

Given under my hand at this .....................day of ....................... , 19......... .

Minister for Home Affairs

Controlled by Ministry of Labour, Industrial Relations and Immigration

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