Transcript The Immigration Dept - Office of the Attorney General

SEA, BOATS & THE LAW
By
Cmdr Viliame Naupoto
Director of Immigration
Overview Of Immigration Dept
• Functions under the ambits of 4 Acts
– Immigration Act
– Passports Act
– Citizenship Act
– Deportation Act
– Constitution Chap 3 (Citizenship)
Roles Of The Immigration Dept
• Border Control
– Issuing of Visas and Exemptions
– Primary Line Functions at Ports of Entry (Currently
undertaken by FIRCA – 42 Staff transferred from
Immigration Dept)
• Immigration Officers perform Referral duties
• Issuing of Fiji Passports
• Citizenship Processing
– Process applications and facilitate the acquiring of Fiji
Citizenship through Registration and Naturalization
Roles Of The Immigration Dept
• Facilitation of Economic Growth
– Processing and issuing of Permits and Exemptions
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Long Term Permits
Short Term Permits
Permits to Reside on Assured Income
Permanent Residence
• Law Enforcement
– Empowered by the Acts
Role Of The Immigration Dept
• Revenue Generation
(not often emphasized or recognized)
The Immigration Dept
• We are:
– Law Enforcement Agency
– Border Control Agency
– Facilitation Agency
– Revenue Collection Agency
The Immigration Dept
• Current establishment – 90
– Strength on the ground - 60
• Budget $2.5 million
• Revenue earned 2006
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$9.6 million (Fees)
Projection 2007 - $10M
$10 million (Bond that accrue interest)
Return on investment – over 300%
The Immigration Dept
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• Exercise one of most important authorities
of Govt.
• Profitable Business
– Budget of $2.5 million
– Return to Govt $10 million + interest from
$10 million (bond)
– Revenue will increase with the introduction of
Permanent Residence Permit.
Immediate Developments
• Commencement of New Act
• Introduction of Permanent Residence in Fiji (Approved
by Cabinet)
• Upgrading our passport security features
Our New Direction
• Operate as a business and emphasize
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Efficiency
Honesty
Integrity
Customer focus/driven
• Efficient monitoring and enforcement
• Become a self-funding department
Our New Direction
• Operate as a business and emphasize
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Efficiency
Honesty
Integrity
Customer focus/driven
• Efficient monitoring and enforcement
• Become a self-funding department
Yes we have enough money to pay for a GOOD LAWYER!
CORRUPTION CYCLE
EXTORTION
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PERMITS
EXEMPTIONS
PASSPORTS
LOCAL AGENTS
SPONSORS
REPRESENTATIVES
EMPLOYERS
CITIZENSHIP
FIJI CITIZENS
VISA
BRIBERY
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SEA, BOATS & THE LAW
SEA
BOATS
LAW
Evolution in Maritime
Transportation
• Type and Size of Marine Vessels
–Large RoRo Vessels
–Small RoRo Vessels (Ferries)
–Medium Coastal Traders
–Small Coastal Traders
–Sail Powered Vessels
Consequential Effects
• More Expensive
– Overhead
– Paying Customers
• Environmental
– More Raw Waste
– More Fuel/Oil
Evolution in Maritime
Transportation
• Type of Cargo and Stowage
– Fully loaded Trucks on deck
– Personal Vehicles + Some General
Cargo on deck
– General Cargo in the Hold
Evolution in Maritime
Transportation
• Number of Passengers
– 500
– 20
Consequential Effects
• Safety
– Navigational Aid
– Up to date Charts
– Properly Surveyed Waters
– Proper Docking Facilities
• Safety Response Agencies
– Bigger Response Capacity
Restricts the Route
&
Area of Operation
The Tampa Case
• A rescue at sea was carried out by the Norwegian
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merchant ship Tampa in August 2001.
Sailing from Perth, Australia under the command of
Captain Arne Rinnan
Received a call for assistance from the Rescue
Coordination Center of the Australian Maritime Safety
Authority.
The Tampa changed course, guided by an Australian
coastal search airplane to reach an Indonesian boat
crowded with passengers and in acute distress.
The boat was breaking up in heavy seas
Tampa arrived just in time to transfer the 433 people on
board to its own decks.
The Norwegian ship had facilities on board for only 50
people, including its crew of 27.
Cont.
• The closest port to the site of the rescue was
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Christmas Island, an Australian territory
Australia’s Immigration Department forbade the
Tampa to enter Australian territorial waters
The Australian government refused to disembark
the Tampa’s passengers
Conditions on board the Tampa reached crisis
proportions
The passengers forcibly removed from the ship
and dispersed to camps in Nauru
Owners and agents of the Tampa incurred
substantial losses.
The Fua Kavenga Case [Scenario]
• Sailing from Sydney Australia
• Received a call for assistance from the Rescue
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Coordination Center of the Australian Maritime
Safety Authority.
The Fua Kavenga changed course, to reach an
Indonesian boat crowded with passengers and in
acute distress.
The boat was breaking up in heavy seas
Fua Kavenga arrived just in time to transfer the
200 people on board to its own decks.
Fua Kavenga had facilities on board for only 50
people, including its crew of 27.
Cont.
• The closest port to the site of the rescue
was Suva, Fiji
• Should Fiji Immigration Department
forbade the Fua Kavenga to enter Fiji
territorial waters ?
• Should the Fiji government refuse to
disembark the Fua Kavenga’s passengers?
• If the passengers are forcibly or otherwise
removed from the ship where will we hold
them?
• What do we do with them?
Migration
Push/Supply Factors
Unemployment
Lower Wages
Poor Living Conditions
Poor Health and or Education Service
Few Facilities
Natural Disasters
Civil Wars
Political Instability
Pull/demand Factors
More Jobs
Higher Wages
Better Living Conditions
Better Health and Education Services
Better Facilities
Lesser Chance of Natural Disasters
Political Stability
Transit to Target Country
Fiji
• Fiji is one of those countries that experience
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migration in all three capacities as source,
receiving and transit countries.
The remittances are increasing and it is becoming
one of our major sources of revenue
Our migration network is family and community
based.
Continually witnessing more and more signs of
human trafficking.
Fiji
• Our pull factors are quite attractive and strong
• Our push factors are pull factors for some, eg. our
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low wages still is attractive to countries with weak
currencies in Asia.
We are a doorway to the main target countries
like the US, Australia, NZ and Canada.
The Fiji passports carry well into these countries
when compared to some Asian countries.
We approve an average of 3000 permits annually
for migrants to either reside/work/study in Fiji.
Permits are generally for 3 years before renewal.
Some Questions
• Do we put a cap or yearly quota on naturalized Fiji
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citizens?
Is the citizenship criteria appropriate (5 years with clear
criminal record)?
Are our laws a deterrent to human smuggling and
trafficking?
Can we prosecute human traffickers easily?
What is the impact of allowing Fiji born children to enter
and reside in Fiji basically for ever?
Are we really benefiting from international labour
mobility?
Summary
• Think like a maritime nation (that we
are.)
• Our Laws must at least ensure that we
bend correctly to the forces of migration.
Thank You
for
Your Attention