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Further to Written Question 6242 (2026), is “fleeing” assessed solely on observed behaviour, or are officers required to establish intent before relying on section 328 of the Immigration Act 2009?

Answered Question 20110 (2026)
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Asked by

Ricardo Menéndez March

List MP · Green Party

Question

  • Further to Written Question 6242 (2026), is “fleeing” assessed solely on observed behaviour, or are officers required to establish intent before relying on section 328 of the Immigration Act 2009?

Answered by

Hon Erica Stanford

Member for East Coast Bays · National Party · Minister of Immigration

Answer

If the Member is able to provide me with an example where the observed behaviour of "fleeing" does not establish an intent to flee then I will be better placed to answer his question.