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Fiji Legislation |
LAWS OF FIJI
Ed. 1978]
CHAPTER 87
FIJI CITIZENSHIP
ARRANGEMENT OF SECTIONS
PART I-PRELIMINARY
SECTION
1.
Short title.
2.
Interpretation.
PART II-ACQUISITION OF CITIZENSHIP
3. Citizenship on
adoption.
4. Citizenship by
incorporation of territory.
5.
Registration of Commonwealth
citizens.
6. Registration of
women.
7. Registration in certain
cases.
8. Effect of
registration.
9. Naturalization of
aliens.
10. Effect of certificate of
naturalization.
11. Registration of
minor children.
PART III-LOSS OF CITIZENSHIP
12. Deprivation of
citizenship on grounds of fraud, etc., disloyalty and
absence.
13. Deprivation of
citizenship on the exercise of certain rights in other countries or failure to
renounce other citizenship.
14. Effect
of order.
15. Renunciation of
citizenship by reason of dual nationality and resumption of
citizenship.
16. Deprivation of
citizenship on failure to renounce other nationality on becoming of
age.
PART IV-MISCELLANEOUS
17. Certificate of
citizenship in cases of doubt.
18.
Minister's discretion not to be questioned and decisions to be
final.
19.
Registers.
20.
Evidence.
21.
Offences.
22. Regulations and
rules.
----------------------------------------
Act
No. 27 of 1971
AN ACT
TO PROVIDE FOR THE ACQUISITION, DEPRIVATION AND RENUNCIATION OF THE CITIZENSHIP
OF FIJI AND FOR MATTERS CONNECTED THEREWITH
AND INCIDENTAL
THERETO
[28th May, 1971]
PART I-PRELIMINARY
Short title
1. This Act may be cited
as the Fiji Citizenship Act.
Interpretation
2.-(1) In this Act, unless
the context otherwise requires-
"alien" means a person who is not a Commonwealth citizen or a British protected person;
"British protected person" means a person who is a British protected person for the purposes of the British Nationality Acts, 1948 to 1965, of the United Kingdom;
"Commonwealth" means Fiji and any country to which section 24 of the Constitution applies and includes any dependency of any such country;
"Commonwealth citizen" means a citizen of any country of the Commonwealth;
"foreign country" means a country which is not part of the Commonwealth and includes a dependency of that country;
"minor" means a person who has not attained the age of twenty-one years; "overseas representative" means a diplomatic or consular representative of Fiji in any other country and includes any person having authority to act as such on behalf of the Government of Fiji;
"responsible parent" in relation to a child means the father, or where the father is dead, or where the custody of the child has been awarded to the mother by a court of competent jurisdiction, the mother.
(2)
For the purposes of this Act-
(a) a person shall be of full age and of full capacity if he has attained the age of twenty-one years and is not of unsound mind;
(b) a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the Government of any country, shall be deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country;
(c) any reference to the father of a person shall, in relation to a person born out of wedlock and not acknowledged by his father, be construed as a reference to the mother of that person;
(d) where a person is required to renounce the nationality or citizenship of a country but under the law of that country he is not permitted so to do, he may make such declaration concerning that nationality or citizenship as may be approved by the Minister;
(e) a new-born infant found abandoned within Fiji shall, unless the contrary is shown, be deemed to have been born within Fiji;
(f) a public officer, his spouse and minor children shall be deemed to be lawfully residing in Fiji during any period in which such officer is employed outside Fiji in the service of the Government.
PART II-ACQUISITION OF CITIZENSHIP
Citizenship on adoption
3. Where under any written
law relating to the adoption of children an adoption order is made in respect of
a minor who is not a citizen
of Fiji, then, if the adopter, or in the case of a
joint adoption the male adopter, is a citizen of Fiji, the minor shall become
a
citizen of Fiji as from the date of the order.
Citizenship by incorporation of territory
4. If any territory
becomes apart of Fiji the Governor-General may by order published in the Gazette
specify the persons who shall
be citizens of Fiji by reason of their connection
with that territory and those persons shall become citizens of Fiji as from such
date as may be specified in the order.
Registration of Commonwealth citizens
5.-(1) Subject to the
provisions of this section, the Minister may cause any Commonwealth citizen, or
British protected person, being
a person of full age and capacity, to be
registered as a citizen of Fiji upon making application therefor in the
prescribed manner
and satisfying the Minister-
(a) that he is of good character;
(b) that he has an adequate knowledge of the English language or any other language current in Fiji and of the responsibilities of a citizen of Fiji;
(c) that he has lawfully resided in Fiji throughout the period of seven years immediately preceding the date of his application, during which period he has not been absent from Fiji for a period or periods amounting in all to more than eighteen months;
(d) that he intends, if registered, to continue to reside in Fiji.
(2)
The registration of a person under the provisions of this section shall not take
effect until such person has renounced in the
prescribed manner any other
citizenship which he may possess and takes the prescribed oath or affirmation of
allegiance.
Registration of women
6.-(1) Subject to the
provisions of subsection (2), any woman who is, by virtue of the provisions of
sections 20 and 23 of the Constitution,
entitled to be registered as a citizen
of Fiji shall be so registered on making application therefor to the Minister in
the prescribed
manner.
(2) A woman
to whom this section applies shall not be registered under this section unless
she first renounces in the prescribed manner
any nationality or citizenship
which she may possess and, if she is an alien or a British protected person,
takes the prescribed
oath or affirmation of allegiance.
Registration in certain cases
7.-(1) Any person who, on
the 10th day of October, 1970-
(a) was unlawfully resident in Fiji and had been, in the case of a Commonwealth citizen or British protected person, so resident throughout a period of not less than seven years and had not been absent from Fiji during such period for a period or periods amounting in all to more than eighteen months; or
(b) was resident, either lawfully or unlawfully, in Fiji and had been, in the case of an alien, so resident throughout a period of not less than nine years and had not been absent from Fiji during such period for a period or periods amounting in all to more than eighteen months, may apply in the prescribed manner to the Minister within six months of the commencement of this Act, or within such further period as the Minister may allow in any particular case, for registration as a citizen of Fiji and the Minister may, in his absolute discretion and upon being satisfied as to the circumstances of the case, cause such person to be registered as a citizen.
(2)
No person shall be granted a certificate of registration under subsection (1)
until such person has renounced the nationality
or citizenship of any other
country which he may possess and takes the prescribed oath or affirmation of
allegiance.
(3) Any person who, on
the 10th day
of October, 1970, was unlawfully resident
in Fiji and had been so resident for a period of less than seven years in the
case of a
Commonwealth citizen or British protected person or nine years in the
case of an alien may apply in the prescribed manner to the
Minister within six
months of the commencement of this Act, or within such further period as the
Minister may allow in any particular
case, for his residence to be treated as
having been lawful and the Minister may, in his absolute discretion and upon
being satisfied
as to the circumstances of the case, order that such residence
be considered as lawful for the purpose of any subsequent application
for
registration or naturalization as a citizen of Fiji.
Effect of registration
8.
A person registered under the provisions
of section 5, or 6 or subsection (1) of section 7 or section 11 shall be a
citizen of Fiji
by registration as from the date on which he is
registered.
Naturalization of aliens
9.-(1) Subject to the
provisions of this section, the Minister may grant a certificate of
naturalization to an alien of full age and
capacity who makes application
therefor in the prescribed manner and satisfies the Minister-
(a) that he is of good character;
(b) that he has an adequate knowledge of the English language or any other language current in Fiji and of the responsibilities of a citizen of Fiji;
(c) that he has been lawfully resident in Fiji throughout the nine years immediately preceding the date of his application and has not been absent from Fiji during such period for a period or periods amounting in all to more than eighteen months;
(d) that he intends in the event of a certificate being granted to him to continue to reside in Fiji.
(2)
The Minister may, in such cases as he thinks fit, allow periods of residence
earlier than the nine years preceding the date of
the application to be reckoned
in computing the aggregate period mentioned in paragraph (c) of subsection
(1).
(3) An alien shall not be
granted a certificate of naturalization under this section unless he first
renounces the nationality or
citizenship of any other country which he may
possess and takes the prescribed oath or affirmation of
allegiance.
Effect of certificate of naturalization
10. A person to whom a
certificate of naturalization has been granted under the provisions of section 9
shall become a citizen of
Fiji by naturalization as from the date on which that
certificate is granted.
Registration of minor children
11.-(1) Minister may cause
the minor child of a citizen of Fiji to be registered as a citizen of Fiji upon
application made in the
prescribed manner by the responsible parent or the
guardian of such child.
(2) The
Minister may, in such special circumstances as he thinks fit, cause any minor to
be registered as a citizen of Fiji.
PART III-LOSS OF CITIZENSHIP
Deprivation of citizenship on grounds of fraud, etc., disloyalty and absence
12.-(1) A citizen of Fiji
who became such by registration or naturalization under this Act shall cease to
be a citizen of Fiji if
he is deprived of that citizenship by an order of the
Minister made under this
section.
(2) Subject to the
provisions of this section, the Minister may by order deprive of his citizenship
any citizen of Fiji who became
such by registration or naturalization under this
Act if he is satisfied that the registration or certificate of naturalization in
relation to such citizen, was obtained by means of fraud, false representation
or the concealment of any material
fact.
(3) Subject to the
provisions of this section, the Minister may by order deprive of his citizenship
any citizen of Fiji who became
such by registration or naturalization under this
Act if the Minister is satisfied that that citizen-
(a) has shown himself by act or speech to be disloyal or disaffected towards Her Majesty; or
(b) has, during any war in which Fiji was engaged, unlawfully traded or communicated with an enemy or been engaged in or associated with any business that was to his knowledge carried on in such manner as to assist an enemy in that war:
Provided
that the Minister shall not deprive any person of his citizenship on this ground
if it appears to him that that person would
thereupon become
stateless.
(4) Subject to the
provisions of this section, the Minister may by order deprive of his citizenship
any citizen of Fiji, of full age
and capacity, who became such by registration
or naturalization under this Act if he is satisfied that that person has resided
in
another country or other countries for a continuous period of five years and
during that period-
(a) has not been at any time in the service of the Government of Fiji or of an international organisation of which Fiji was a member; or
(b) has not registered in the prescribed manner at the office of an overseas representative his intention to retain his citizenship of Fiji; or
(c) has not given notice in writing to the Minister of his intention to retain his citizenship of Fiji:
Provided
that the Minister shall not deprive any person of his citizenship of Fiji on
this ground if it appears to him that that person
would thereupon become
stateless.
(5) Before making an
order under this section the Minister shall give the person against whom the
order is proposed to be made notice
in writing informing him of the ground on
which it is proposed to be made and, if the order is proposed to be made on any
of the
grounds specified in subsection (2) or (3), of his right to an inquiry
under this section.
(6) A notice
under subsection (5) may be given-
(a) in a case in which the address of the person concerned is known, by causing the notice to be delivered to him personally or by sending it to him at that address by registered post;
(b) in a case where that person's address is not known, by sending it to his last known address and in such other manner, if any, as the Minister may consider fit.
(7)
When and as often as it is proposed to make an order on any of the grounds
specified in subsection (2) or (3), the Minister shall,
if the person against
whom the order is proposed to be made so requests, refer the case, for inquiry
and report, to a committee appointed
by him for the
purpose.
(8) The committee of
inquiry referred to in subsection (7) shall be appointed from among persons who
are qualified to practise as
barristers and solicitors in Fiji. (9) The
committee in hearing any case under the provisions of this section shall have
all the
powers which may be exercised by a magistrate's court in the hearing of
a civil suit, and may permit any party to appear personally
or by barrister and
solicitor.
Deprivation
of citizenship on the exercise of certain rights in other
countries
or
failure to renounce other citizenship
13.
-(1)
The Minister may by order deprive of his
citizenship a citizen of Fiji who became such by registration or naturalization
under this
Act if he is satisfied that such citizen has, while a full age and
capacity, claimed and exercised-
(a) in a foreign country; or
(b) in any other country under the law of which provision is made for conferring on its own citizens rights not available to Commonwealth citizens generally,
any
right available to him under the law of that country, being a right accorded
exclusively to its own nationals or
citizens:
Provided that the
Minister shall not deprive any person of his citizenship of Fiji on this ground
if it appears to him that that person
would thereupon become
stateless.
(2) Where at the time
of his registration or naturalization as a citizen of Fiji under this Act a
person was not permitted to renounce
his nationality or citizenship of another
country under the law of that country but that law was subsequently altered to
permit him
so to do, the Minister may, by notice in writing given in the manner
set out in subsection (6) of section 12, require that person
to renounce his
nationality or citizenship of that other country within such period as may be
specified by the Minister, and if that
person fails to do so within the period
specified, the Minister may by order deprive that person of his citizenship of
Fiji.
(3) Subsections (5) to (9)
inclusive of section 12 shall apply,
mutatis mutandis,
in relation to an order that is proposed
to be made under subsection (1).
Effect of order
14. Upon an order being
made under section 12 or 13 in respect of any person, he shall cease to be a
citizen of Fiji as from the date
on which the order is made.
Renunciation of citizenship by reason of dual nationality and resumption of citizenship
15.-(1) If any citizen of
Fiji of full age and capacity who is also-
(a) a national of a foreign country; or
(b) a Commonwealth citizen other than a citizen of Fiji,
makes
a declaration of renunciation of his citizenship of Fiji in the prescribed
manner, the Minister shall cause such declaration
to be registered, and
thereupon that person shall cease to be a citizen of
Fiji:
Provided that the Minister
may withhold registration of any such declaration if it is made during any war
in which Fiji is engaged
by a person who is a national of a foreign
country.
(2) A person to whom
subsection (1) applies may at any time apply in the prescribed manner to the
Minister to permit him to resume
the citizenship of Fiji and the Minister if
satisfied as to the circumstances of the case may, in his absolute discretion,
permit
such person to resume such
citizenship.
(3) A woman of full
age and capacity who has ceased to be a citizen of Fiji upon her marriage and
upon making a declaration of renunciation
under subsection (1) shall be entitled
to resume her citizenship of Fiji if she makes application therefor in the
prescribed manner
and satisfies the Minister-
(a) that her marriage has been dissolved, or that she is separated from or abandoned by her husband or that her husband has died; and
(b) that she intends to reside in Fiji.
(4)
A woman to whom subsection (3) applies shall not be entitled to resume her
citizenship of Fiji unless she first renounces any
nationality or citizenship
which she may possess.
(5) For the
purposes of subsection (1) and (3), any woman who is or has been married shall
be deemed to be of full age.
Deprivation of citizenship on failure to renounce other nationality on becoming of age
16. Any person, being a
citizen of Fiji and also a national or citizen of some other country, who has
attained the age of twenty-one
years on or after the commencement of this Act,
shall within twelve months of such commencement or his attaining that age, which
ever shall be the later date, renounce the nationality or citizenship of that
other country failing which he shall cease to be a
citizen of Fiji: Provided
that the Minister may, when he is satisfied that any such person was absent from
Fiji during the said period
of twelve months or for other good cause, extend the
time within which such person shall renounce the nationality or citizenship
of
that other country.
PART IV-MISCELLANEOUS
Certificate of citizenship in cases of doubt
17.-(1) The Minister may,
on application made to him and in such cases as he thinks fit, certify that a
person with respect to whose
citizenship of Fiji a doubt exists, whether on a
question of fact or of law, is a citizen of
Fiji.
(2) A certificate issued
under this section shall, unless it is proved that it was obtained by means of
fraud, false representation,
or concealment of any material fact, be conclusive
evidence that that person was a citizen of Fiji on the date of the certificate,
without prejudice to any evidence that he was such a citizen at an earlier
date.
Minister's discretion not to be questioned and decisions to be final
18. The Minister shall not
be required to assign any reason for the grant or refusal of any application
under this Act the decision
on which is at his discretion; and the decision of
the Minister on any such application shall not be subject to any appeal or
review
in any court.
Registers
19. There shall be kept
and maintained in such manner as may be approved by the Minister-
(a) a register of persons who have become citizens of Fiji by registration;
(b) a register of persons who have become citizens of Fiji by naturalization;
(c) a register of persons who, being citizens of Fiji, are also nationals or citizens of some other country;
(d) a register of persons who, being citizens of Fiji and nationals or citizens of some other country, have renounced the nationality or citizenship of that other country; and
(e) a register of persons who have renounced the citizenship of Fiji.
(2)
Any citizen of Fiji, being of full age and capacity, who at the commencement of
this Act is also a national or citizen of some
other country shall within twelve
months of the commencement of this Act cause himself to be registered in the
appropriate register
in such manner as may be
prescribed.
(3) In respect of a
citizen of Fiji, who is a minor who on the commencement of this Act is also a
national or citizen of some other
country, the responsible parent or guardian of
such citizen shall, within twelve months of the commencement of this Act, cause
such
minor to be registered in the appropriate register in such manner as may be
prescribed.
Evidence
20. A document purporting
to be a notice, certificate, order, authority or declaration or an entry in a
register, or subscription
of an oath or affirmation of allegiance, given,
granted, issued or made in accordance with the provisions of this Act or any
regulations
made thereunder, or any law relating to nationality, citizenship or
naturalization in force in Fiji at any time prior to the commencement
of this
Act, shall be received in evidence and shall, unless the contrary is proved, be
deemed to have been given, granted, issued
or made by or on behalf of the person
by or on whose behalf it purports to have been given, granted, issued or
made.
(2) Any entry in a register
made pursuant to any enactment referred to in subsection (1) shall be received
as evidence of the matters
stated therein.
Offences
21. Any person who, for
the purpose of procuring anything to be done or not to be done under this Act or
under any regulations made
thereunder makes any statement which he knows to be
false in a material particular, or recklessly makes any statement which is false
in a material particular, shall be guilty of an offence and be liable, on
conviction, to imprisonment for a term not exceeding one
year or to a fine not
exceeding two hundred dollars or to both such imprisonment and
fine.
(2) Any person who fails to
comply with any requirement imposed on him by the provisions of this Act or
regulations made thereunder
shall be guilty of an offence and be liable, on
conviction, to imprisonment for a term not exceeding one year or to a fine not
exceeding
two hundred dollars or to both such imprisonment and
fine.
Regulations and rules
22.-(1) The Minister may
make regulations generally for giving effect to the provisions of this
Act.
(2) In particular and without
prejudice to the generality of the foregoing power, such regulations may be made
for-
(a) prescribing anything which is to be prescribed in relation to or in connection with citizenship;
(b) the registration of anything required or authorised to be registered;
(c) the administration and taking of oaths or affirmations of allegiance and for the time within which such oaths or affirmations shall be taken;
(d) the giving of any notice required or authorised to be given to or by any person;
(e) the cancellation of the registration of, and the cancellation of certificates of naturalization relating to persons deprived of citizenship, and for requiring such certificates to be delivered up for those purposes;
(f) the imposition and recovery of fees in relation to or in connection with citizenship.
(3)
The Minister may make rules for the practice and procedure to be followed in
connection with references under this Act to a committee
of inquiry and such
rules may, in particular, provide for conferring on any such committee any
powers, rights or privileges of any
court, and for enabling any powers so
conferred to be exercised by one or more members of the
committee.
Controlled by Ministry of Labour, Industrial Relations and Immigration
____________________
CHAPTER 87 - FIJI CITIZENSHIP SECTION 22-CITIZENSHIP REGULATIONS
Regulations 27th May, 1971
Made by the Minister
PART I-PRELIMINARY
Short title
1. These Regulations may
be cited as the Citizenship Regulations.
Interpretation
2. In these Regulations,
unless the context otherwise requires-
"appropriate form" means a form approved by the Minister for use in any particular case;
"certificate of registration" means the certificate issued under the provisions of regulation 5;
"Secretary" means the Permanent Secretary to the Ministry or any other officer designated by the Minister.
PART II-ACQUISITION OF CITIZENSHIP
Application for registration
3.-(1) An application for
registration as a citizen of Fiji under the provisions of section 5 of the Act
shall be made to the Secretary
in the appropriate
form.
(2) When the Minister
directs that an applicant for registration as a citizen of Fiji may be so
registered, the Secretary shall require
the applicant to subscribe a declaration
in the form set out in the First Schedule, renouncing any nationality or
citizenship which
he may possess and, upon the applicant taking the oath or
affirmation of allegiance in the form set out in the Second Schedule, the
Secretary shall issue a certificate of registration to the applicant upon
payment of the fee set out in the Third Schedule.
Application for registration by women
4. An application by a
woman for registration under the provisions of section 6 of the Act shall be
made to the Secretary in the appropriate
form and shall be accompanied by a
declaration in the form set out in the First Schedule that the applicant has
renounced the nationality
and citizenship which she may possess and, upon the
applicant taking the oath or affirmation of allegiance in the form set out in
the Second Schedule and upon payment of the fee set out in the Third Schedule,
the Secretary shall issue a certificate of registration
to the
applicant.
Application for registration under section 7 of the Act
5.-(1) An application for
registration under the provisions of section 7 of the Act shall be made to the
Secretary in the appropriate
form.
(2) If the Minister is
satisfied as to the circumstances of the case and decides to exercise his
discretion to permit the applicant
to be registered as a citizen of Fiji, he
shall so instruct the Secretary who, upon a declaration having been made by the
applicant
in the form set out in the First Schedule that he has renounced any
nationality or citizenship which he may possess and upon his
taking the oath or
affirmation of allegiance in the form set out in the Second Schedule, shall
register the applicant.
Application for treatment of residence to be lawful
6.-(1) A person who has
been unlawfully resident in Fiji and who has not been so resident for such a
period as to qualify him for
registration as a citizen of Fiji under the
provisions of subsection (1) of section 7 of the Act may apply in the
appropriate form
to the Secretary for consideration as to whether such residence
should be considered as lawful for the purpose of any subsequent
application for
registration or naturalization under the provisions of the
Act.
(2) The Secretary after
having made inquiries in accordance with directions to be issued by the
Minister, shall make a report thereon
to the Minister and if the Minister
exercises his discretion to consider the residence of the applicant as lawful,
the Secretary
shall forthwith inform the applicant thereof in
writing.
Application for naturalization
7.-(1) An application for
a certificate of naturalization under section 9 of the Act shall be in the
appropriate form and shall be
made to the
Secretary.
(2) An applicant for a
certificate of naturalization shall give notice of his intention so to apply in
the appropriate form and such
notice shall be published by and at the expense of
the applicant at least twice in a newspaper published and circulating in
Fiji.
Certificate of naturalization
8. When the Minister
directs that a certificate of naturalization may be granted to an applicant, the
Secretary shall require the
applicant to subscribe a declaration in the form set
out in the First Schedule renouncing any nationality or citizenship which he
may
possess and thereupon the Secretary shall, upon the applicant taking the oath or
affirmation of allegiance in the form set out
in the Second Schedule and upon
payment of the fee set out in the Third Schedule, issue to the applicant a
certificate of naturalization
in the appropriate form duly signed by the
Minister.
Application for registration of minor
9. An application for the
registration of a minor under the provisions of section 11 of the Act shall be
made to the Secretary in
the appropriate form.
PART III-LOSS OF CITIZENSHIP
Inquiry under sections 12 or 13 of the Act
10.-(1) When the Minister
has given notice to a person against whom it is proposed to make an order
depriving him of his citizenship
of Fiji under the provisions of subsections (2)
or (3) of section 12 or subsection (1) of section 13 of the Act, the person to
whom
it is given may exercise his right to an inquiry under the provisions of
subsection (7) of section 12 of the Act by making application
therefor as
follows:-
(a) if he is in Fiji at the time when the notice is given to him, within 21 days after the giving of the notice;
(b) in any other case within such time, not being less than 21 days, from the giving of the notice as the Minister may determine:
Provided
that the Minister may in special circumstances at any time extend the period
within which the application may be
made.
(2) Any notice given under
the provisions of subsection (6) of section 12 of the Act shall, in a case in
which the person to whom
it is given has the right, on making application
therefor, to an inquiry under subsection (7) of that section, include a
statement
of the time within which such application is to be
made.
Delivery up of certificate
11. When an order has been
made depriving a person of his citizenship of Fiji, the person so deprived or
any other person in possession
of the relevant certificate of registration or
naturalization shall, if required by notice in writing signed by the Secretary,
deliver
up such certificate to such person and within such time as may be
specified in the notice and the said certificate shall thereupon
be
cancelled.
Declaration of renunciation
12.-(1) A declaration of
renunciation of the citizenship of Fiji under the provisions of section 15 of
the Act shall be subscribed
in the form set out in the Fourth
Schedule.
(2) Such a declaration
may be made-
(a) in Fiji, before-
(i) the Chief Registrar, Deputy or Assistant Registrar of the Supreme Court;
(ii) a magistrate;
(iii) the Registrar-General;
(iv) a notary public or Commissioner for Oaths;
(v) a registrar of a magistrate's court;
(vi) a barrister and solicitor;
(vii) a justice of the peace;
(viii) a district officer;
(ix) the Secretary;
(x) the. Chief Immigration Officer;
(xi) any other fit and proper person appointed by the Minister;
(b) in any other place, before an overseas representative or a notary public.
(3)
A declaration of renunciation shall have effect from the date of its
registration in the appropriate register required to be kept
under the
provisions of the Act and upon such registration the person renouncing his
citizenship of Fiji or any other person in possession
of the relevant
certificate of registration or naturalization, if any, shall if required by
notice in writing signed by the Secretary
deliver up such certificate to such
person and within such time as may be specified in the notice and any
certificate so delivered
shall thereupon be
cancelled.
(4) An application by a
woman for the resumption of her citizenship of Fiji under the provisions of
subsection (3) of section 15 of
the Act shall be made to the Secretary in the
appropriate form accompanied by a declaration in the form set out in the First
Schedule
to the effect that the applicant has renounced the nationality or
citizenship which she may possess.
PART IV-MISCELLANEOUS
Registration of person also a national of another country
13. The registration of a
citizen of Fiji who is also a national or citizen of some other country under
the provisions of section
19 of the Act shall be by way of letter addressed to
the Secretary giving full particulars of the person to be
registered:
Provided that the
person to be registered or, where he is a minor, his responsible parent or
guardian shall when required by notice
in writing sent by the Secretary furnish
such additional particulars within such time as may be specified in the
notice.
Fees
14.
The fees specified in the second column
of the Third Schedule shall be levied in respect of the matters specified in the
first column
of such Schedule: Provided that the Secretary may at his discretion
waive any such fee either generally or in any particular case.
FIRST SCHEDULE
CITIZENSHIP REGULATIONS
DECLARATION
OF RENUNCIATION OF NATIONALITY
OR
CITIZENSHIP OF A COUNTRY OTHER THAN
FIJI
UPON THE ACQUISITION OF THE
CITIZENSHIP OF FIJI
(1) I,
.......................................... of ....................... am of full
age and capacity and was born at
.........................................................................
on.................................................................
(2)
To the best of my knowledge and belief I am a national/citizen of ............
under the law of that country by reason of the
fact that (here state the grounds
on which the applicant believes that he is a national or citizen of that
country)
.....................................................................
(3)
hereby
renounce
my nationality/citizenship of
............................................
I,
the said ............................................ do solemnly and sincerely
declare that the foregoing particulars stated in
this declaration are true, and
I make this solemn declaration conscientiously believing the same to be true and
by virtue of the
Statutory Declarations
Act.
Declared at
.................. this ............................ day of ................,
19.... before me and I certify that the
declaration was read over in the
........................ language to the declarant who appeared fully to
understand the meaning
thereof:
*(Office held or nature
of, appointment) *See list on reverse of this
form.
NOTE:-
This
declaration may be made-
(a) in Fiji, before-
(i) the Chief Registrar, Deputy or Assistant Registrar of the Supreme Court;
(ii) a magistrate;
(iii) the Registrar-General;
(iv) a notary public or Commissioner for Oaths;
(v) a registrar of a magistrate's court;
(vi) a barrister and solicitor;
(vii) a justice of the peace;
(viii) a district officer;
(ix) the Secretary;
(x) the Chief Immigration Officer;
(xi) any other fit and proper person appointed by the Minister;
(b) in any other place, before an overseas representative or a notary public.
SECOND SCHEDULE
OATH OF AFFIRMATION OF ALLEGIANCE
I,
......................................of .......................... do swear (or
solemnly affirm) that I will be faithful to Her
Majesty Queen Elizabeth the
Second, Her Heirs and Successors according to law. So help me God (to be omitted
in affirmation).
Sworn (or
affirmed) before me at..................... this ................. day of
........................
19
...............................................
Magistrate
or Commissioner for Oaths.
THIRD SCHEDULE
FEES
|
Matter
in which fee may be taken
|
Amount
of fee
|
1.
|
Grant of certificate of
registration ..............................
|
15
|
2.
|
Grant of certificate of
naturalization............................
|
15
|
3.
|
Grant of a certificate of
citizenship in case of doubt ...............
|
30
|
4.
|
Administering the oath or
affirmation of allegiance ...............
|
20
|
5.
|
Supplying a certified true
copy of any notice, certificate, order,
|
|
|
declaration of entry given,
granted or made by or under the Act
|
10
|
6.
|
Application for treatment of
residence to be lawful ...............
|
10
|
FOURTH SCHEDULE
CITIZENSHIP REGULATIONS
DECLARATION OF RENUNCIATION OF CITIZENSHIP OF FIJI
1. I,
_____________________________________________ of____________________ am of full
age and capacity and was born at
................................
on
the .......... day of .............................. 19
......
2. I am a citizen of Fiji
by reason of the fact that-
3.
I am also a national/citizen of ............................................
under the law of that country by reason of the fact
that-
4. I hereby
renounce
my
citizenship of Fiji
...........
I, the said
_________________________________________________ do solemnly and sincerely
declare that the foregoing particulars in
this declaration are true and I make
this solemn declaration conscientiously believing the same to be true and by
virtue of the Statutory Declarations
Act.
Declared at
..................... this day of ........... ,19..... before me and I certify
that the declaration was read over in the
.....................................
language to the declarant who appeared fully to understand the meaning
thereof:
*(Office held or nature
of appointment) *See list on reverse of this
form.
NOTE-
This
declaration may be made-
(a) in Fiji, before-
(i) the Chief Registrar, Deputy or Assistant Registrar of the Supreme Court;
(ii) a magistrate;
(iii) the Registrar-General;
(iv) a notary public or Commissioner for Oaths;
(v) a registrar of a magistrate's court;
(vi) a barrister and solicitor;
(vii) a justice of the peace;
(viii) a district officer;
(ix) the Secretary;
(x) the Chief Immigration Officer;
(xi) any other fit and proper person appointed by the Minister;
(b) in any other place, before an overseas representative or a notary public.
Controlled by Ministry of Labour, Industrial Relations and Immigration
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