290Judge may authorise biometric information and special biometric information to be collected

1. On the hearing of an application for a compulsion order, a District Court Judge may make a compulsion order requiring the respondent to allow specified biometric information, special biometric information, or both to be collected from him or her if the Judge is satisfied that,—

2. in the case of an application relating to a refusal of a requirement under section 288(1),—
   1. the respondent is liable for deportation or turnaround; and
   2. the respondent has refused to allow the biometric information, special biometric information, or both to be collected from him or her following a requirement under section 288(1); and
   3. if special biometric information was required, there are reasonable grounds to believe 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 respondent is to travel; and
   4. in all the circumstances, it is reasonable to make the order:
3. in the case of an application relating to a refusal of a requirement under section 288(2),—
   1. there is good cause to suspect that any matter in section 288(2) applies to the respondent; and
   2. there are reasonable grounds to believe that biometric information collected from the respondent would tend to confirm or disprove that any matter in section 288(2) applies to the respondent; and
   3. the respondent has refused to allow biometric information to be collected from him or her following a requirement under section 288(2); and
   4. in all the circumstances, it is reasonable to make the order.

4. In considering whether to make a compulsion order, the Judge must have regard to any matter the Judge considers relevant, including—

5. any reasons given by the respondent for opposing the making of the order; and
6. in relation to an application under section 289(1), where special biometric information is sought, any evidence regarding the necessity of obtaining from the respondent any of the things referred to in section 287 that are required in order to meet the entry or transit requirements of any country to which or through which the person is to travel; and
7. in relation to an application under section 289(2), any evidence regarding the importance, to the investigation of the relevant matter, of obtaining biometric information from the respondent.

8. A person served with a compulsion order must allow the biometric information or special biometric information specified in the order to be collected from him or her.

Notes

• Section 290: replaced, on 7 May 2015, by section 73 of the Immigration Amendment Act 2015 (2015 No 48).