C3.15 Powers of refugee status officers

Immigration Act 1987 s 129H
Immigration (Refugee Processing) Regulations 1999 reg 9 and Schedule

1. In carrying out their functions a refugee status officer may require a claimant:
   1. to supply any information, and within the times, that the officer reasonably requires; and
   2. to produce any documents the claimant possesses or is able to obtain that the officer requires; and
   3. to consent to any other person releasing any relevant documents or information relating to the claimant; and
   4. to provide or allow any fingerprints or photographs of the claimant to be taken that are reasonably necessary for the purpose of ascertaining or confirming the claimant's identity or nationality; and
   5. to attend an interview.
2. If an officer has good cause to suspect that a person other than the claimant has possession or control of any of the claimant's documents (including any passport or travel document), the officer may request the person in the prescribed manner to produce the document (see C5.30).
3. The person who is requested to produce the document may not refuse to comply with the request only because that person has a lien over the document.
4. If a claimant is detained in custody, a refugee status officer may require the relevant member of the Police, Superintendent or other officer in charge of the penal institution, or other person having custody of the claimant, to:
   1. provide the officer with access to the place where the claimant is being detained, and to the claimant; and
   2. produce the claimant for interview.
5. The member of the Police, Superintendent or other officer concerned must comply with any such requirement, and make appropriate facilities available for an interview.
6. If 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.
7. Immigration New Zealand may decide the order in which claims are to be handled, and no decision on a claim may 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.

Effective 28/11/2005