Verification of information
91V Verification of information
Applicant for protection visa
If an applicant for a protection visa has given information to the Minister or an officer in, or in connection with, the application for the visa, the Minister or an officer may, either orally or in writing, request the applicant to make an oral statement, on oath or affirmation, to the effect that the information is true.
If:
the applicant has been given a request under subsection (1); and
the applicant refuses or fails to comply with the request; and
when the request was made, the applicant was given a warning, either orally or in writing, that the Minister may draw an inference unfavourable to the applicant’s credibility in the event that the applicant refuses or fails to comply with the request;
then, in making a decision whether to grant the protection visa to the applicant, the Minister may draw any reasonable inference unfavourable to the applicant’s credibility.
If:
the applicant has been given a request under subsection (1); and
the applicant complies with the request; and
the Minister has reason to believe that, because of:
the manner in which the applicant complied with the request; or
the applicant’s demeanour in relation to compliance with the request;
the applicant was not sincere;
then, in making a decision whether to grant the protection visa to the applicant, the Minister may draw any reasonable inference unfavourable to the applicant’s credibility.
Non‑citizen refused immigration clearance
If:
either:
a non‑citizen gave information to an officer when the non‑citizen was in immigration clearance, and the non‑citizen is subsequently refused immigration clearance; or
a non‑citizen was refused immigration clearance and subsequently gave information to an officer; and
the information is relevant to the administration or enforcement of this Act or the regulations;
an officer may, either orally or in writing, request the non‑citizen to make an oral statement, on oath or affirmation, to the effect that the information is true.
If:
the non‑citizen has been given a request under subsection (4); and
the non‑citizen refuses or fails to comply with the request; and
when the request was made, the non‑citizen was given a warning, either orally or in writing, that the Minister may draw an inference unfavourable to the non‑citizen’s credibility in the event that the non‑citizen refuses or fails to comply with the request;
then, in making a decision about the non‑citizen under this Act or the regulations, the Minister may draw any reasonable inference unfavourable to the non‑citizen’s credibility.
If:
the non‑citizen has been given a request under subsection (4); and
the non‑citizen complies with the request; and
the Minister has reason to believe that, because of:
the manner in which the non‑citizen complied with the request; or
the non‑citizen’s demeanour in relation to compliance with the request;
the non‑citizen was not sincere;
then, in making a decision about the non‑citizen under this Act or the regulations, the Minister may draw any reasonable inference unfavourable to the non‑citizen’s credibility.
Officer
A reference in this section to an officer includes a reference to a person who is a clearance officer within the meaning of section 165.
Oaths or affirmations
The Minister or an officer may administer an oath or affirmation for the purposes of this section.
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