D7.10 Obstruction or failing to meet requirements (29/11/2010)

See also Immigration Act 2009 s 344

1. Section 344 of the Immigration Act 2009 makes it an offence to obstruct an immigration officer or a constable when they are exercising powers under the Immigration Act 2009 or to fail to meet requirements under the Immigration Act 2009. Such matters may be:
   1. to without reasonable excuse, refuse or fail to produce or surrender any document, or to supply any information, when required to do so by an immigration officer or a refugee and protection officer; or
   2. to fail to remain in an immigration control area or follow an immigration officer’s instructions while in an immigration control area when required to do so; or
   3. refuse or fail to provide biometric information where required under the Immigration Act 2009 to do so, including in accordance with a compulsion order.
2. Section 279 of the Immigration Act 2009 gives immigration officers authority to require information and documents to be provided where an offence is suspected. After being warned in accordance with section 279 of the Immigration Act 2009, it is an offence under section 344 of the Immigration Act 2009 to refuse or fail without reasonable excuse to comply with any requirement of an immigration officer under that section.

Effective 29/11/2010