IMMIGRATION officers in Fiji are set to receive significantly expanded powers under the proposed Immigration (Amendment) Bill 2026, strengthening their role in border control, enforcement and prosecution.
One of the most notable changes allows immigration officers to conduct searches without a warrant, including searching individuals and their belongings where necessary to carry out their duties.
The Bill, that was tabled in Parliament on May 1, also broadens the scope of what officers can demand, requiring individuals to produce documents or even electronic devices as part of immigration checks.
In a further expansion, officers may also request sensitive information such as medical records or vaccination status to determine whether a person meets health requirements to enter, remain in, or depart Fiji.
Enforcement powers are also being strengthened through the introduction of an infringement notice system, allowing immigration officers to issue onthe-spot penalties for specified offences.
“An immigration or enforcement officer may issue an infringement notice to the person,” the Bill states, outlining a system of fixed penalties for breaches of immigration laws.
In addition, qualified immigration officers may now take on legal roles, with provisions allowing them to conduct prosecutions in court and appear in civil proceedings—provided they are licensed legal
practitioners.
The reforms also clarify that immigration officers must comply with directions issued by the minister and permanent secretary, reinforcing a more centralised chain of command within the immigration system.
According to the explanatory note, these changes recognise the evolving role of officers, including dual
immigration and enforcement functions, and are aimed at improving operational efficiency and
national security.
While the Government says the expanded powers will modernise border management and enforcement,
the provisions – particularly warrantless search powers and access to personal data –are likely to attract public and legal scrutiny as the Bill progresses through Parliament.
Major expansion of powers for minister
THE Immigration (Amendment) Bill 2026 proposes a major expansion of powers for the minister responsible for immigration, consolidating authority over policy, enforcement and national security decisions.
Under the Bill, that was tabled in Parliament on Friday, the minister will be able to issue binding policy directions to the permanent secretary and immigration officers, requiring full compliance across the system.
The legislation also grants the minister authority to make key operational directions, including deportation procedures, detention conditions and the handling of costs related to removals.
In addition, the minister will have the power to issue orders on visa exemptions, declare prohibited immigrants and designate authorised airports, strengthening central control over Fiji’s border management.
“The minister has the following miscellaneous powers as provided under this Act – (a) to authorise any person to issue visas on behalf of the Government pursuant to section 7(3); (b) to remove the period in which a person may not be allowed to re-enter Fiji as provided in section 11(9),” state the Bill.
The Bill further extends the minister’s reach into information governance, allowing the approval of data-sharing agreements with local and international agencies, as well as decisions tied to national security and public safety.
Notably, the minister may also determine whether a person is “conducting himself or herself in a manner prejudicial to the peace, defence, public safety, order, morality, health, and security or good government of Fiji”.
While the Bill allows some delegation of powers to the permanent secretary, ultimate authority remains with the minister.
“The minister may exercise and perform any powers… delegated and may revoke or vary the delegation,” the Bill states.
The reforms are part of a broader effort to modernise Fiji’s immigration framework, align it with constitutional requirements and strengthen border security systems.
According to the explanatory note, the provisions “codify and expand the Minister’s administrative and regulatory authority within the immigration system”.
While Government says the changes will improve efficiency and responsiveness, the concentration of powers is expected to draw scrutiny as Parliament debates the balance between operational effectiveness and accountability.
Permanent secretary becomes Fiji’s immigration gatekeeper
THE proposed Immigration (Amendment) Bill 2026 places the permanent secretary at the centre of Fiji’s
immigration system, granting wide-ranging powers over visas, permits, enforcement and deportation.
Under the Bill, that was tabled in Parliament on Friday, the permanent secretary will have authority to issue, extend, vary and cancel visas and permits, making the role the primary decision-maker in determining who can enter and remain in Fiji.
The legislation makes it clear that “no person is entitled as of right to a visa or permit,” with all such decisions resting at the discretion of the permanent secretary.
Beyond administrative control, the permanent secretary will also play a key role in enforcement.
This includes the power to order the removal of prohibited immigrants, with authority to direct how
deportations are carried out, including detention arrangements and logistics.
In addition, the permanent secretary will oversee asylum processes, including determining refugee status, requesting information from applicants and cancelling refugee status where necessary.
The Bill also empowers the office to manage sensitive immigration data, including establishing electronic databases and controlling access to information systems used for border security and passenger screening.
To ensure operational flexibility, the permanent secretary may delegate powers to immigration or enforcement officers, while retaining the ability to revoke or vary those delegations at any time.
The role is further strengthened through financial oversight provisions, requiring that all ministry funds be deposited into official accounts, with withdrawals authorised or confirmed by the
permanent secretary.
Officials say the expanded powers are designed to streamline decisionmaking, improve efficiency and
strengthen border management.
However, the concentration of authority in a single office is expected to draw scrutiny, particularly
around transparency, accountability and safeguards as the Bill moves through Parliament.
Fiji to bolster border security
FIJI is set to introduce a comprehensive Advance Passenger Information System (APIS) under the proposed Immigration (Amendment) Bill 2026, aimed at strengthening border security and
modernising how travellers are screened.
The system will require airlines to submit Advance Passenger Information (API) – including biographic
details from travel documents – before flights arrive in or depart from Fiji.
An APIS is defined in the Bill as an electronic platform that collects and transmits passenger data to border agencies before travel, allowing authorities to assess risks before individuals reach the country.
Under the reforms, all passenger and crew data must be delivered through a “passenger data single indow”, creating a centralised system for multiple agencies to access required information.
The Government says the system will allow for the preidentification of persons of interest, helping to
detect potential threats, prevent crime and improve overall border management.
“Information… may be processed or shared… for the preidentification of persons of interest prior to their
arrival into or departure from Fiji,” the Bill states.
The legislation also introduces a structured data governance framework, including strict confidentiality requirements and controlled access to information systems.
Authorities will be able to share data with local and international agencies for purposes such as crime
prevention, investigations, and national security, while also facilitating smoother travel processes.
To address privacy concerns, the Bill limits how long data can be retained.
API and passenger name record (PNR) data may be stored for up to five years, with personal identifiers
required to be removed after two years unless needed for investigations.
The minister is also given powers to prescribe detailed regulations covering data collection, processing, transmission methods, and oversight mechanisms.
Penalties for failure to comply with the requirements of the API will result in penalties – for a natural person, a fine of $25,000 and for a body corporate, a fine of $100,000.
