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Fiji Immigration Amendment Bill 2026 Expands Officer Powers, Allows Warrantless Searches and Health Data Access

Fiji Palm Diermit building with tropical palm trees outside.

The Government has tabled the Immigration (Amendment) Bill 2026 in Parliament, proposing sweeping changes that significantly expand powers for immigration officers and concentrate decision‑making with the minister responsible for immigration. Tabled on May 1, the Bill would allow officers to carry out warrantless searches, require people to produce documents and electronic devices on demand, and even request sensitive medical information such as health records and vaccination status as part of immigration checks.

Under the proposed law, immigration officers would be able to search individuals, their baggage and vehicles “where necessary to carry out their duties,” without first obtaining a warrant. The Bill also broadens the scope of enquiries officers may make, explicitly enabling them to demand documentary and electronic evidence during inspections. The explanatory note accompanying the Bill frames these changes as recognition of an “evolving role” for officers who now perform both immigration and enforcement functions.

Enforcement tools would be further strengthened by the introduction of an infringement notice regime. The Bill states that “an immigration or enforcement officer may issue an infringement notice to the person,” creating a system of fixed, on‑the‑spot penalties for specified breaches of immigration law. Another novel provision would permit qualified immigration officers who are licensed legal practitioners to conduct prosecutions and appear in civil proceedings on behalf of the state.

The Bill also consolidates and expands ministerial powers over immigration policy and operations. It would enable the minister to issue binding policy directions to the permanent secretary and immigration officers, set deportation procedures and detention conditions, decide who may be designated as a prohibited immigrant, approve data‑sharing agreements with local and international agencies, and designate authorised airports. The text specifically empowers the minister to “remove the period in which a person may not be allowed to re‑enter Fiji” as provided under section 11(9) and to authorise others to issue visas on the government’s behalf under section 7(3).

Notably, the legislation would give the minister authority to 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 some delegation to the permanent secretary is permitted, the Bill makes clear that ultimate authority remains with the minister, who may revoke or vary delegations.

Government officials argue the reforms modernise border management, improve operational efficiency and bolster national security. The explanatory note says the changes “codify and expand the Minister’s administrative and regulatory authority within the immigration system.” However, several of the Bill’s measures — particularly warrantless search powers and authority to access personal medical data — are likely to prompt scrutiny from civil liberties advocates, legal practitioners and privacy experts as the legislation proceeds through parliamentary debate.

As the Bill moves to further readings and scrutiny in Parliament, debate will focus on balancing the Government’s stated goals of streamlined enforcement and security with safeguards for privacy, due process and accountability. The timeframe for parliamentary consideration and any committee review has not been announced.


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