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Immigration Act 2009

Compliance and information - Powers relating to deportation and turnaround

288: Requirement to allow collection of biometric information and special biometric information

You could also call this:

“You must provide biometric data if requested by immigration officials for identity checks”

If you might be deported or turned around at the border, an immigration officer can ask you to give them biometric information or special biometric information, or both. This could include things like fingerprints or photographs.

An immigration officer can also ask you for biometric information if they think you might:

be liable for deportation or turnaround
not be following the rules of your visa
be working or studying when you’re not allowed to
have used a fake identity to get a visa

If they ask for this information, it’s because they need it to check if any of these things are true.

If the immigration officer collects this information from you, but then your deportation is cancelled or put on hold, or if you get a visa and entry permission, they must destroy the information they collected.

If you refuse to give this information, the immigration officer might ask a court to make you give it. This is called a compulsion order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441033.

Topics:

Immigration and citizenship > Visas

Immigration and citizenship > Border control

Rights and equality > Privacy

287: Special biometric information, or

“Types of physical information you might need to provide when travelling to other countries”

289: Application for order authorising collection of biometric information, or

“Asking a judge to approve collecting biometric information from someone who refused”

Part 8 Compliance and information
Powers relating to deportation and turnaround

288Requirement to allow collection of biometric information and special biometric information

If a person is liable for deportation or turnaround, an immigration officer may require the person to allow biometric information, special biometric information, or both to be collected from him or her.
An immigration officer may require a person to allow biometric information to be collected from him or her if the immigration officer has good cause to suspect any of the following matters, and the immigration officer requires the biometric information in order to determine any of those matters:
that the person is liable for deportation or turnaround:
that the person is not complying with, or is materially breaching, the conditions of the person's visa:
that the person is undertaking work or a course of study but is not entitled to undertake that work or study under this Act:
that the person has obtained a visa under a fraudulent identity.

Any biometric information or special biometric information obtained from a person under subsection (1), or under a compulsion order made under section 290 on an application under section 289(1) after this subsection comes into force, must be destroyed if the person's liability for deportation is cancelled or suspended, or if the person is granted a visa and entry permission.

Notes

Section 288: replaced, on 7 May 2015, by section 73 of the Immigration Amendment Act 2015 (2015 No 48).