C4.45 Comment on prejudicial information (29/11/2010)

See also Immigration (Refugee and Protection Status Processing) Regulations 2010 reg 12

1. A refugee and protection officer must disclose to a claimant any material or information obtained by the officer that is or may be prejudicial to the claimant or the claim if:
   1. the material or information:
      • was not obtained from the claimant; and
      • is not publicly available material or information; and
   2. the claimant has not previously had an opportunity to comment on the material or information; and
   3. the officer intends to take the material or information into account in determining the claim.
2. If an officer discloses potentially prejudicial material or information to a claimant, they must give the claimant a reasonable opportunity (whether within a specified time period or at an interview) to comment on or rebut that material or information.
3. The officer must also advise the claimant that if they fail to respond within the given time period or (where reasonable) at the interview, the officer may proceed to determine the claim on the basis of the material and information available.
4. Nothing in C4.40(a) requires an officer to disclose to a claimant any material or information whose disclosure would be likely to endanger any person, but the officer must advise the claimant of the non-disclosure.
5. Any prejudicial information which is also classified information is disclosed, where possible, in accordance with the instructions at A19.

Effective 29/11/2010