A22.20 Compulsion order for the collection of biometric information

See also Immigration Act 2009 ss 288, 289, 290, 291

1. Where a person has refused to allow biometric information to be collected in response to a requirement under section 288(2) of the Act, an immigration officer may apply to a District Court Judge for a compulsion order.
2. The application must set out the following:
   1. the facts relied on to show there is good cause to suspect that any of the matters in A22.15(a)-(d) apply to the person; and
   2. the reasons why a compulsion order is necessary, including the facts relied on to show that there are reasonable grounds to believe that the biometric information would tend to confirm or disprove that any of the matters in A22.15(a)-(d) apply to the person.
3. The immigration officer must serve notice of the application on the person, and both the officer and the respondent may appear and provide evidence at the hearing of the application.
4. On the hearing of the application a District Court Judge may make a compulsion order requiring the person to allow specified biometric information to be collected from him or her, and a person served with such an order must allow the biometric information specified in the order to be collected from him or her.
5. The fact that a compulsion order has previously been sought or made in respect of a matter does not prevent another application or order being made.

Effective 07/11/2011