Y7.5 Detention of refugee claimants

1. A permit may be refused, and a claimant may be detained under section 128 (or, if appropriate, section 128B) of the Immigration Act 1987 (see Y3) so that a refugee status officer can formally determine their claim, if, after interviewing a claimant, a preliminary assessment indicates that:
   1. the claim for refugee status appears to be "abusive" or "manifestly unfounded"; or
   2. section 7(1) of the Immigration Act 1987 applies.
2. A refugee status claim is abusive or manifestly unfounded if:
   1. it is clearly fraudulent or unrelated to the criteria for granting refugee status laid down in the 1951 Convention Relating to the Status of Refugees; or
   2. the claimant is claiming refugee status in an attempt to evade normal immigration requirements.
3. The Market Manager, Border & Investigations, must be advised of any proposed detention of a refugee status claimant under section 128 or 128B.
4. If a claimant is to be detained for a period longer than 48 hours a warrant of commitment must be obtained (see Y4.35).
5. If it is apparent that a claim for refugee status cannot be determined within the period of custody of 28 days, an officer may apply for an extension to the warrant (see Y4.35.1).

Effective 01/10/1999