Fiji Citizenship Act

	Home \| Databases \| WorldLII \| Search \| Feedback Fiji Consolidated Legislation

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.

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.

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.

AN ACT TO PROVIDE FOR THE ACQUISITION, DEPRIVATION AND RENUNCIATION OF THE CITIZENSHIP OF FIJI AND FOR MATTERS CONNECTED THEREWITH AND INCIDENTAL THERETO

"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;

"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.

(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.

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.

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.

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-

(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;

(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.

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.

(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.

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.

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-

(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.

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.

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.

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

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.

(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-

(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).

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

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

(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.

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.

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.

19. There shall be kept and maintained in such manner as may be approved by the Minister-

(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

(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.

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.

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.

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;

(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.

"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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

(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.

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.

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.

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:

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.

	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

1. I, _____________________________________________ of____________________ am of full age and capacity and was born at ................................
on the .......... day of .............................. 19 ......

3. I am also a national/citizen of ............................................ under the law of that country by reason of the fact that-

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:

Fiji Consolidated Legislation

Fiji Citizenship Act