Persons who are prohibited immigrants
13. (1) A person who-
(a) is not a person entitled to enter the Fiji Islands without a permit under section 9; or
(b) is a member of a prohibited class by virtue of subsection (2),
is, subject to subsections (3) and (4), a prohibited immigrant and the person's entry into or presence in the Fiji Islands is unlawful. (2) The following persons, if they are not citizens, are members of the prohibited class-
(a) a person who, not being an exempted person, is not the holder of a valid permit;
(b) a person in respect of whom a deportation order under Part 7 or a removal order under section 15 is in force;
(c) enters the Fiji Islands by virtue of Part 5;
(d) a person who-
(i) refuses to submit to an examination by a registered medical practitioner after being required to do so under section 5(1)(e) or to undergo any test or examination which the practitioner requires; or
(ii) is certified by a registered medical practitioner to be suffering from a contagious or infectious disease, or from a mental disease or disorder, that makes the person's presence in the Fiji Islands dangerous to the community;
(e) a person who has been convicted by a court in another country of an offence which if committed in the Fiji Islands would be an offence that carries a minimum penalty of imprisonment of 2 years or more (including life imprisonment) or a minimum fine of $5,000 or more, and has not received a free pardon;
(f) a person who has arrived in the Fiji Islands as a stowaway;
(g) a person who prior to or after entry into the Fiji Islands, as a result of information received from any country through official or diplomatic channels, or from any other source the Minister considers reliable, is deemed by the Minister to be 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 the Fiji Islands;
(h) a person who is in the course of deportation or compulsory removal from any other country;
(i) a person who is a member of any class of persons declared by the Minister, by order in the Gazette, to be a prohibited class for the purposes of this section;
(j) a member of the family, and any dependant of, a prohibited immigrant, unless the Minister in his discretion declares in writing that the member or dependant is not a member of the prohibited class;
(k) a person who, at the time of entry into the Fiji Islands, is unable to show that he has the means of supporting himself and his family and any dependant or that the person has a permit to work in the Fiji Islands or who is likely to become a pauper or charge on the public;
(l) a person who is a member of a terrorist group as defined under Part 5;
(m) an asylum seeker whose claim has been refused or a refugee whose status has been cancelled under Part 6.
(2) Notwithstanding subsection (1), a person whose permit has been cancelled or whose request for the extension or variation of a permit has been refused does not become a prohibited immigrant until-
(a) the Minister makes a decision on an appeal made under section 58; or
(b) the end of the 21st day after the day on which notice of the cancellation or refusal was given to the person,
whichever is the later. (3) A person who enters the Fiji Islands in order-
(a) to be tried by a court of competent jurisdiction;
(b) to serve a sentence of imprisonment; or
(c) to be detained in lawful custody for any other reason,
is not a prohibited immigrant and may enter and remain in the Fiji Islands without a permit for so long, but only for so long, as is necessary for the purpose.
