Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
129H Powers of refugee status officers
  • (1) In carrying out his or her functions under this Part, a refugee status officer may—

    • (a) require a claimant to supply such information, and within such times, as the officer reasonably requires:

    • (b) require the claimant to produce such documents in the claimant's possession or within the claimant's ability to obtain as the officer requires:

    • (c) require the claimant to consent to the release by any other person of any relevant documents or information relating to the claimant:

    • (d) if the officer has good cause to suspect that a person other than the claimant has in his or her possession or control any document of the claimant (including any passport or travel document), in the prescribed manner request the person to produce any such document:

    • (e) require the claimant to provide or allow the taking of such fingerprints or photographs of the claimant as are reasonably necessary for the purpose of ascertaining or confirming the claimant's identity or nationality:

    • (f) require the claimant to attend an interview.

    (2) A person who is requested to produce a document under subsection (1)(d) is not entitled to refuse to comply with the request by reason only that the person has a lien over the document.

    (3) If a claimant is detained in custody, a refugee status officer may require the relevant member of the Police, manager or other officer in charge of the prison, or other person having custody of the claimant, to—

    • (a) provide the officer with access to the place where the claimant is being detained, and to the claimant; and

    • (b) produce the claimant for interview.

    (4) The member of the Police, manager, or other officer concerned must comply with any such requirement, and make appropriate facilities available for an interview.

    (5) Where a claimant who is required to attend an interview fails to attend at the appointed time and place, the officer may determine the claim without conducting the interview.

    (6) An officer may decide the order in which claims are to be handled, and no decision on a claim is to be called into question on the basis that it ought to have been handled earlier or later than any other claim or category of claim.

    Section 129H: inserted, on 1 October 1999, by section 40 of the Immigration Amendment Act 1999 (1999 No 16).

    Section 129H(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 129H(3): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

    Section 129H(4): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).