The Permanent Secretary for Immigration has urged the Constitution Review Commission to tighten the legal framework governing deportations, saying current laws and court processes make it difficult to remove people living unlawfully in Fiji. Aliki Vuli Salusalu told commissioners that clearer statutory backing was needed to enable immigration authorities to enforce removals without prolonged legal delays.
Speaking during a submission to the commission, Salusalu said the Immigration Department’s position was straightforward: someone who is unlawful in the country should leave. “So ideally, if you’re unlawful in the country, we’d like you to leave,” he said, linking the issue to national sovereignty and the breach of conditions that underpin a person’s entitlement to remain. He pointed to Section 21 of the Constitution, which confers rights on those “lawfully in Fiji”, and argued protections derived from the Constitution should not be extended to people who are in breach of their immigration status.
A central theme of his submission was the procedural obstacle posed by legal challenges. Salusalu told the commission that avenues such as judicial review are frequently invoked in removal cases, effectively delaying enforcement. “You know how the court works; it just prolongs the process,” he said, expressing frustration with what he described as repeated use of court proceedings to stall deportations.
Salusalu’s comments are the latest contribution to the commission’s wider review of the Constitution and follow a series of written and oral submissions from government departments and civil society addressing how constitutional rights intersect with administrative powers. The Immigration Department is urging the commission to consider changes that would make it clearer when and how protections apply, and to give immigration authorities firmer legal footing to act when a person’s lawful status ends.
Commission chairman Sevuloni Valenitabua acknowledged the concerns raised by the immigration chief but emphasised the need to preserve due process. “Every person has got a right to know ‘why am I being removed’,” Valenitabua told the hearing, stressing that while enforcement may be necessary, removal decisions must be legally justified and subject to proper scrutiny. His remarks underscore the balancing act the commission faces: reconciling effective immigration control with individual rights and judicial oversight.
The Constitution Review Commission is continuing to receive and consider submissions on a wide range of constitutional questions. Salusalu’s submission frames deportation and immigration enforcement as an area where commissioners may need to weigh potential constitutional clarifications or legislative reforms to prevent perceived abuse of legal processes while safeguarding fair procedures. The commission will reflect on these arguments as it shapes recommendations for any changes to Fiji’s constitutional or statutory arrangements.