Section 289 — Immigration Act 2009: Application for order authorising collection of biometric information

289 Application for order authorising collection of biometric information (1) An application may be made in accordance with this section to a District Court Judge for a compulsion order in any case where— (a) there is good cause to suspect that a person— (i) is liable for deportation or turnaround; or (ii) is not complying with, or is materially breaching, the conditions of the person’s visa; or (iii) is undertaking work or a course of study where the person is not entitled to undertake that work or study under this Act; or (iv) has obtained a visa under a fraudulent identity; and (b) the person has refused to allow biometric information to be collected from him or her in response to a requirement to do so by an immigration officer under section 288(2) . (2) Every application under subsection (1) must be made by an immigration officer, in writing and on oath, and must set out the following particulars: (a) the facts relied on to show that there is good cause to suspect that any matter in subsection (1)(a) applies to the respondent: (b) the reasons why it is considered necessary to obtain a compulsion order in relation to the respondent, including the facts relied on to show that there are reasonable grounds to believe that biometric information collected from the respondent would tend to confirm or disprove that any matter in subsection (1)(a) applies to the person. (3) Where an application is made under this section,— (a) the immigration officer must serve notice of the application on the respondent; and (b) both the immigration officer and the respondent may appear and may adduce evidence at the hearing of the application. (4) 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 admissible in a court of law.