Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 91W

Evidence of identity and bogus documents

             (1)  The Minister or an officer may, either orally or in writing, request an applicant for a protection visa to produce, for inspection by the Minister or the officer, documentary evidence of the applicant's identity, nationality or citizenship.

             (2)  The Minister must refuse to grant the protection visa to the applicant if:

                     (a)  the applicant has been given a request under subsection (1); and

                     (b)  the applicant refuses or fails to comply with the request, or produces a bogus document in response to the request; and

                     (c)  the applicant does not have a reasonable explanation for refusing or failing to comply with the request, or for producing the bogus document; and

                     (d)  when the request was made, the applicant was given a warning, either orally or in writing, that the Minister cannot grant the protection visa to the applicant if the applicant:

                              (i)  refuses or fails to comply with the request; or

                             (ii)  produces a bogus document in response to the request.

             (3)  Subsection (2) does not apply if the Minister is satisfied that the applicant:

                     (a)  has a reasonable explanation for refusing or failing to comply with the request or producing the bogus document; and

                     (b)  either:

                              (i)  produces documentary evidence of his or her identity, nationality or citizenship; or

                             (ii)  has taken reasonable steps to produce such evidence.

             (4)  For the purposes of this section, a person produces a document if the person produces, gives, presents or provides the document or causes the document to be produced, given, presented or provided.



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