C4.25 Powers of refugee and protection officers

See also Immigration Act 2009 s 26, 136 (2), 149

See also Immigration (Refugee and Protection Status Processing) Regulations 2010 reg 14

1. In carrying out their functions under Part 5, in relation to a claimant or to a person whose recognition as a refugee or protected person is under investigation, a refugee and protection officer may:
   1. require the person to supply any information, and within such times, as the officer reasonably requires; and
   2. require the person to produce any documents the person possesses or is able to obtain as the officer requires; and
   3. 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 such material relating to the person; and
   4. require the person to allow biometric information to be collected from him or her; and
   5. require the person to attend an interview.
2. A refugee and protection officer may seek information from any source, but the officer is not obliged to seek any information, evidence, or submissions further to that provided by the claimant. A refugee and protection officer may determine the claim or matter on the basis only of the information, evidence and submissions provided by the claimant.
3. If an officer has good cause to suspect that a person other than the person concerned (a third party) possesses or controls any document of the person concerned (including any passport or travel document), the officer may request, in the prescribed manner, that person to produce the document.
4. A refugee and protection officer who asks a third party (including a person who is a representative of a body corporate) to produce a document must make the request using the approved form and must sign the request.
5. The request must be served by registered post or personally on the third party to which the request is addressed.
6. The third party may not refuse to comply with the request by reason only that they have a lien over the document.
7. If a claimant or a person whose recognition as a refugee or protected person is being investigated is detained in custody, a refugee and protection officer may require the person having custody of that claimant or person to:
   1. provide the officer with access to the place where the claimant or person is being detained; and
   2. produce the claimant or person for interview; and
   3. make appropriate facilities available for the interview.
8. If a claimant or person who is required to attend an interview fails to attend at the appointed time and place, the officer may determine the claim or matter without conducting the interview.
9. The order and processing of any claim is a matter for the discretion of the refugee and protection officer unless the chief executive provides general instructions to the Department relating to the order and manner of processing claims. If such general instructions are given, the refugee and protection officer must process the claim in accordance with the instructions.

Effective 29/11/2010