SUB-REGIONAL OVERVIEW: THE PACIFIC citizenship from persons convicted of terrorist offences still stand.1473 given the choice of a three-year TPV or a five-year SHEV. In November 2023, another landmark case was resolved which is likely to trigger the introduction of new legislation to strip terrorists of citizenship.1474 Convicted terrorist Abdul Nacer Benbrika, whose citizenship was cancelled by a former Minister, won a High Court battle allowing him to stay in the country.1475 In the case, the High Court deemed the citizenship stripping provisions related to terrorism in the Citizenship Act unconstitutional as it gives judicial powers to the Commonwealth.1476 In February 2023, the Albanese Government delivered on its election commitment to provide a permanent visa pathway for existing TPV and Safe Haven Enterprise Visa SHEV holders. This means that those who already have a TPV or SHEV will be able to apply for a permanent Resolution of Status (RoS) Visa. Current applications to renew expired TPVs or SHEVs will automatically be converted to RoS visa applications. Those still waiting for a decision will be granted a RoS Visa once their need for refugee protection is determined. To assist TPV and SHEV holders with the visa application process, the Albanese Government has committed $9.4 million over two years for visa application assistance through specialist legal service providers across Australia. It was reported that nearly 20,000 individuals would be able to apply for permanency under this scheme.1479 Administrative barriers In 2015, Refugee Council of Australia was contacted by a number of refugee community members who raised their concerns about the length of time their citizenship application was taking.1477 The Refugee Council of Australia compiled a report which found that in October 2015, refugees were waiting on average about 215 days to receive citizenship, with most of those affected being people who arrived by boat and had been found to be refugees onshore.1478 A further barrier to citizenship was the reintroduction of Temporary Protection Visas (TPV) and the introduction of Safe Haven Enterprise Visas (SHEV). Refugees who arrived in Australia by boat before July 2013 were only In November 2023, another landmark case was resolved which is likely to trigger the introduction of new legislation to strip terrorists of citizenship. Convicted terrorist Abdul Nacer Benbrika, whose citizenship was cancelled by a former Minister, won a High Court battle allowing him to stay in the country. In the case, the High Court deemed the citizenship stripping provisions related to terrorism in the Citizenship Act unconstitutional as it gives judicial powers to the Commonwealth. 128 SUB-REGIONAL OVERVIEW: THE PACIFIC Notwithstanding this, administrative barriers still exist as refugees and people seeking asylum may have no documents or documents that Australia accepts. For example, a full birth certificate is required as supporting evidence for acquiring citizenship.1480 While Australia has reported its birth registration rate as 100% as of 20201481, the birth registration rate for Aboriginal and Torres Strait Islander peoples was reported at only 77.2% in the same year.1482 Further, if a person is being persecuted, it is hard to obtain official documents due to loss of official documents while fleeing a country.1483 Even if an individual can obtain documents, most documents are in regional languages which Australia does not accept, as it requires them to be translated into English.1484 Notwithstanding this, administrative barriers still exist as refugees and people seeking asylum may have no documents or documents that Australia accepts. For example, a full birth certificate is required as supporting evidence for acquiring citizenship. STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Fiji Laws Citizenship Law Jus soli and jus sanguinis provisions Citizenship in Fiji can be acquired by birth, registration, or naturalization.1485 Fiji’s citizenship laws operate through a limited jus soli structure with all children born in Fiji considered citizens at birth only if at least one parent is a citizen of Fiji and neither parent is a foreign diplomat.1486 Children born outside of Fiji can register for citizenship if either parent is a citizen of Fiji through jus sanguinis provisions.1487 The registration process is also available to children under the age of 18 whose parent became a citizen.1488 Foundlings are considered to have been born in the territory of Fiji unless evidence proves otherwise.1489 Notably, Fiji’s 2013 Constitution includes a provision which explicitly states that “a written law shall prescribe provisions for the prevention of statelessness”.1490 However, there is no definition of a stateless person in Fiji’s national legislation. Fiji’s citizenship laws operate through a limited jus soli structure with all children born in Fiji considered citizens at birth only if at least one parent is a citizen of Fiji and neither parent is a foreign diplomat. Naturalized citizenship There is a naturalization process available for those who meet eligibility criteria, which include being lawfully present in Fiji for 5 of the 10 years immediately preceding the application, having good character, and intending to continue to reside in Fiji.1491 There is a fee required for the naturalization application.1492 Stateless persons are not included in the list of people who are able to enter and reside in Fiji, which means they cannot meet the eligibility requirements of this naturalization process.1493 There is no simplified or expedited process for stateless persons or refugees. Applicants navigating the naturalization process, registration process, or any application related to citizenship Stateless persons are not included in the list of people who are able to enter and reside in Fiji, which means they cannot meet the eligibility requirements of this naturalization process. REPORT 2024 129