# Verification of information

> act-s91V — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

91V Verification of information

               Applicant for protection visa
          (1) If an applicant for a protection visa has given information to the
              Minister or an officer in, or in connection with, the application for
              the visa, the Minister or an officer may, either orally or in writing,
              request the applicant to make an oral statement, on oath or
              affirmation, to the effect that the information is true.
          (2) If:
                (a) the applicant has been given a request under subsection (1);
                    and
                (b) the applicant refuses or fails to comply with the request; and
                (c) when the request was made, the applicant was given a
                    warning, either orally or in writing, that the Minister may
                    draw an inference unfavourable to the applicant’s credibility
                    in the event that the applicant refuses or fails to comply with
                    the request;
              then, in making a decision whether to grant the protection visa to
              the applicant, the Minister may draw any reasonable inference
              unfavourable to the applicant’s credibility.
          (3) If:
                (a) the applicant has been given a request under subsection (1);
                    and
                (b) the applicant complies with the request; and
                (c) the Minister has reason to believe that, because of:
                      (i) the manner in which the applicant complied with the
                          request; or









                      (ii) the applicant’s demeanour in relation to compliance
                           with the request;
                     the applicant was not sincere;
               then, in making a decision whether to grant the protection visa to
               the applicant, the Minister may draw any reasonable inference
               unfavourable to the applicant’s credibility.

               Non-citizen refused immigration clearance
          (4) If:
                (a) either:
                      (i) a non-citizen gave information to an officer when the
                          non-citizen was in immigration clearance, and the
                          non-citizen is subsequently refused immigration
                          clearance; or
                     (ii) a non-citizen was refused immigration clearance and
                          subsequently gave information to an officer; and
                (b) the information is relevant to the administration or
                    enforcement of this Act or the regulations;
              an officer may, either orally or in writing, request the non-citizen
              to make an oral statement, on oath or affirmation, to the effect that
              the information is true.
          (5) If:
                (a) the non-citizen has been given a request under subsection (4);
                    and
                (b) the non-citizen refuses or fails to comply with the request;
                    and
                (c) when the request was made, the non-citizen was given a
                    warning, either orally or in writing, that the Minister may
                    draw an inference unfavourable to the non-citizen’s
                    credibility in the event that the non-citizen refuses or fails to
                    comply with the request;
              then, in making a decision about the non-citizen under this Act or
              the regulations, the Minister may draw any reasonable inference
              unfavourable to the non-citizen’s credibility.









          (6) If:
                (a) the non-citizen has been given a request under subsection (4);
                    and
                (b) the non-citizen complies with the request; and
                (c) the Minister has reason to believe that, because of:
                      (i) the manner in which the non-citizen complied with the
                          request; or
                     (ii) the non-citizen’s demeanour in relation to compliance
                          with the request;
                    the non-citizen was not sincere;
              then, in making a decision about the non-citizen under this Act or
              the regulations, the Minister may draw any reasonable inference
              unfavourable to the non-citizen’s credibility.

               Officer
          (7) A reference in this section to an officer includes a reference to a
              person who is a clearance officer within the meaning of
              section 165.

               Oaths or affirmations
          (8) The Minister or an officer may administer an oath or affirmation
              for the purposes of this section.