Y6.5 Detention of refugee or protection claimants
- A visa may be refused, and a claimant may be detained under Part 9 of the Immigration Act 2009 (see Y3) so that a refugee and protection officer can finally determine their claim, if, after interviewing a claimant, a preliminary assessment against the general instructions at A16.2 indicates that:
- the claim for refugee or protection status appears to be 'abusive' or 'manifestly unfounded'; or
- sections 15 or 16 of the Immigration Act 2009 apply; or
- the claimant otherwise does not meet bona fide entry requirements.
- A refugee or protection status claim is abusive or manifestly unfounded if:
- it is clearly fraudulent or unrelated to the criteria for granting refugee or protection status; or
- the claimant is claiming refugee or protection status in an attempt to evade normal immigration requirements.
- The National Manager, Border and Compliance Operations, must be advised of any proposed detention of a refugee or protection status claimant under Part 9 of the Immigration Act 2009.
- If a claimant is to be detained for a period longer than 96 hours a warrant of commitment must be obtained (see D5.5).
- If it is apparent that a claim for refugee or protection status cannot be determined within the period of custody of up to 28 days, an officer may apply for an extension to the warrant (see D5.5).