Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Compliance and information - Powers relating to deportation and turnaround

289: Application for order authorising collection of biometric information

You could also call this:

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

If you refuse to provide biometric information when asked by an immigration officer, the officer can ask a judge for permission to collect it anyway. This is called a compulsion order.

The immigration officer needs to write down why they think you should be deported or turned around. They also need to show that you said no when they asked for your biometric information.

If the officer wants special biometric information, they need to explain why it’s necessary for you to enter or travel through another country.

If the officer thinks you might have done something wrong, they can also ask a judge for permission to collect your biometric information. They need to explain why they suspect you and why the information would help confirm their suspicions.

The immigration officer might include a copy of a deportation notice or order with their request to the judge.

When the officer asks the judge for permission, they must give you a copy of their request. Both you and the officer can speak to the judge and provide evidence.

The judge can consider any information they think is important when making their decision, even if it wouldn’t normally be allowed in court.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441034.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Courts and legal help
Previous

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

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

Next

290: Judge may authorise biometric information and special biometric information to be collected, or

“Judge can order you to provide fingerprints or iris scans in certain immigration situations”

Part 8 Compliance and information
Powers relating to deportation and turnaround

289Application for order authorising collection of biometric information

  1. An immigration officer may apply, in writing and on oath, to a District Court Judge for a compulsion order in any case where a person has refused to allow biometric information, special biometric information, or both to be collected from him or her in response to a requirement by an immigration officer under section 288(1), in which case the application must set out the following:

  2. the facts relied on to show that the person is liable for deportation or turnaround; and
    1. evidence that the person has refused to allow biometric information or special biometric information to be collected from him or her in accordance with a requirement under section 288(1); and
      1. if special biometric information was required, the facts relied on for believing that any of the things referred to in section 287 are necessary in order to meet the entry or transit requirements of any country to which or through which the person is to travel.

        1. An immigration officer may apply, in writing and on oath, to a District Court Judge for a compulsion order in any case where a person has refused to allow biometric information to be collected from him or her in response to a requirement by an immigration officer under section 288(2), in which case the application must set out the following:

        2. the facts relied on to show that there is good cause to suspect that any matter in section 288(2) applies to the person; and
          1. evidence that the person has refused to allow biometric information to be collected from him or her in accordance with a requirement under section 288(2); and
            1. the reasons why it is considered necessary to obtain a compulsion order in relation to the person, including the facts relied on to show that there are reasonable grounds to believe that biometric information collected from the person would tend to confirm whether or not any matter in section 288(2) applies to him or her.

              1. For the purposes of subsection (1)(a), it is sufficient if (but not essential that) an immigration officer includes a copy of a deportation liability notice or deportation order with the application.

              2. If an application is made under this section,—

              3. an immigration officer must serve a copy of the application on the respondent; and
                1. both the immigration officer and the respondent may appear and may offer evidence at the hearing of the application.

                  1. In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be otherwise admissible in a court of law.

                  Notes
                  • Section 289: replaced, on , by section 73 of the Immigration Amendment Act 2015 (2015 No 48).