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Y4.5 Placing persons refused entry (01/10/1999)

  1. In the first instance, people refused entry must be placed on the first available craft (see Y3.70) to take them from New Zealand.
  2. At the discretion of an immigration officer a person who is refused entry may not need to be placed into custody if:
    1. a craft is available (see Y3.70) to take them on the same day; and
    2. the officer is satisfied that the person cannot abscond from the airport detention facilities concerned; and
    3. the person concerned poses no security risk, as assessed in conjunction with the Police and airport security.
  3. The person refused entry must be placed into custody if:
    1. the conditions in (b)(i) to (iii) above cannot be met; or
    2. for any reason, an available craft:
      • is no longer available to take the person from New Zealand; or
      • is, or is likely to be, delayed in New Zealand for more than 24 hours; or
    3. for any other reason the person is unable to leave New Zealand at the expected time.
  4. If an immigration officer determines that custody is necessary the officer must:
    1. ask the Police to detain the person in custody until departure; and
    2. arrange the departure of the detained person; and
    3. if applicable, serve a letter setting out the details of the infringement on the carrier.

Effective 01/10/1999

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