D4.1 Persons liable to arrest and detention

See also Immigration Act 2009 s 309

1. The following persons are liable to arrest and detention under Part 9 of the Immigration Act 2009:
   1. persons who are liable for turnaround; or
   2. persons who are liable for deportation (including persons recognised as refugees or protected persons but whose deportation is not prohibited under section 164 of the Immigration Act 2009); or
   3. persons who are suspected by an immigration officer or a constable to be liable for deportation or turnaround and who fail to supply satisfactory evidence of their identity when requested under section 280 of the Immigration Act 2009; or
   4. persons who are, on reasonable grounds, suspected by an immigration officer or a constable of constituting a threat or risk to security.
2. The following persons are not liable to arrest and detention under Part 9 of the Immigration Act 2009:
   1. persons who are recognised as refugees, except those whose deportation is allowed under section 164(3) of the Immigration Act 2009; or
   2. persons who are recognised as protected persons, except those whose deportation is allowed under section 164(4) the Immigration Act 2009.

Effective 29/11/2010