Miscellaneous matters

149 Powers of refugee and protection officers

(1)

In carrying out his or her functions under this Part in relation to a claimant or to a person whose recognition as a refugee or a protected person is being investigated, a refugee and protection officer may—

(a)

require the person to supply such information, and within such times, as the officer reasonably requires:

(b)

require the person to produce such documents in the person’s possession or within the person’s ability to obtain as the officer requires:

(c)

inform the person that any other person may be required to produce or disclose relevant documents or information relating to the person, and require the other person to produce or disclose, as the case may be, any relevant documents or information relating to the person:

(d)

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

(e)

require the person to allow biometric information to be collected from him or her:

(f)

require the person to attend an interview:

(g)

seek information from any source:

(h)

determine the claim or matter on the basis of the information, evidence, and submissions provided by the person.

(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 concerned has a lien over the document.

(3)

If a claimant, or a person whose recognition as a refugee or a protected person is being investigated, is detained in custody, a refugee and protection officer may require the person having custody of that person to—

(a)

provide the refugee and protection officer with access to the place where the person is being detained; and

(b)

produce the person for interview; and

(c)

make appropriate facilities available for the interview.

(4)

Where a person who is required to attend an interview fails to attend at the appointed time and place, the refugee and protection officer may determine the claim or matter without conducting the interview.

Compare: 1987 No 74 s 129H

Section 149(1)(d): amended, on 7 May 2015, by section 38 of the Immigration Amendment Act 2015 (2015 No 48).