Section 290 — Immigration Act 2009: Judge may authorise biometric information to be collected

290 Judge may authorise 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 to be collected from him or her, if the Judge is satisfied that— (a) there is good cause to suspect that any matter in section 289(1)(a) applies to the respondent; and (b) there are reasonable grounds to believe that biometric information collected from the respondent would tend to confirm or disprove that any matter in section 289(1)(a) applies to the person; and (c) 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) ; and (d) in all the circumstances, it is reasonable to make the order. (2) In considering whether to make a compulsion order, the Judge must have regard to any matter the Judge considers relevant, including— (a) any reasons given by the respondent for opposing the making of the order sought; and (b) any evidence regarding the importance, to the investigation of the relevant matter, of obtaining biometric information from the respondent. (3) A person served with a compulsion order must allow the biometric information specified in the order to be collected from him or her.