1. Claim for asylum

A claim is made as soon as a person signifies his intention to seek to be protected recognized as a refugee in the Fiji Islands to an immigration officer. Where a claim is made under subsection (1) of the Fiji Immigration Act 2003, the claimant must, in the approved form and accompanied by the prescribed fee, confirm the claim, which must include the following:

  • the grounds for the claim; and
  • a statement explaining whether any other member of the claimants family who is in the Fiji Islands and is also seeking to be recognized as refugees in the Fiji Islands;
  • the grounds, if different, for the claim by the member of the family of the claimant; and
  • a current address in the Fiji Islands and telephone number or other prescribed means of contact in the Fiji Islands, and must notify the Immigration Department of any change in the address, telephone number or other means of contact provided.

The asylum seeker must:

  • establish the claim; and
  • ensure that all information, evidence and submissions that the asylum seeker wishes to have considered in support of the claim are provided to the Immigration Department before the Permanent Secretary determines the claim.

For the purpose of determining a claim, the Permanent Secretary may:

  • seek information from any source, except that the officer is not obliged to seek any
    information, evidence or submissions apart from those provided by the claimant; and
  • determine the claim on the basis of the information, evidence and submissions provided by the claimant.

The Permanent Secretary must not seek any information under subsection (4) of the Fiji Immigration Act 2003 on the applicant from the authorities of the country of origin. The Permanent Secretary may waive any fee required under this Part.