Can Border Force officers physically force me to do a fingerprint test?

The situation

I am currently in Melbourne, Australia, and I am feeling quite overwhelmed by a situation that happened yesterday afternoon at the airport. I am a non-citizen visiting on a temporary visa, and while I was going through the processing area, an officer asked me to provide my fingerprints for an identification test. I felt extremely uncomfortable and nervous about the procedure, so I told them quite clearly that I did not consent to it and refused to cooperate with the scan. The officer tried to talk me into it for about twenty minutes, explaining why it was necessary, but I stayed firm in my decision. After I refused, I saw another officer approach, and they started talking about needing permission from a supervisor to use physical force to make me comply. I am worried about my safety and my rights here. If I continue to refuse to provide my biometrics or fingerprints, are the officers actually allowed to use physical strength or force against me to complete the test? I also want to know if there are specific rules about whether they have to ask a boss for permission first before they can touch me.

Detailed Analysis

Under the Migration Act 1958, officers have the power to require you to provide evidence of your identity, which can include fingerprints^[3]. Because you have refused the scan, the officers are permitted to use physical force under specific conditions.

According to the law, an authorised officer "may use reasonable force: (a) to enable the identification test to be carried out"^[1]. 'Reasonable force' means the minimum amount of physical strength necessary to achieve the goal without being excessive. However, they cannot use force against a minor (a child) or an incapable person^[1].

Regarding your concern about permission, the officers cannot simply decide to use force on their own. The law states that an officer "must not use force unless: ... (b) all reasonable measures to carry out the identification test without the use of force have been exhausted; and (c) use of force in carrying out the identification test is authorised under subsection (4)"^[1]. This means they must try every other way to get your cooperation first. Furthermore, they must apply to a "senior authorising officer" to get specific permission to use force^[1]. This senior officer is a higher-ranking official who has been given the power to grant such permission.

If they do proceed with force, the law requires that the test be carried out "in the presence of an independent person"^[2]. An independent person is someone who is not involved in the process and can witness what happens. Additionally, the test must be conducted in a way that respects your privacy and dignity.

It is uncertain whether the specific officers you encountered have already exhausted all 'reasonable measures' or if they have already applied for and received the necessary authorisation from a senior officer.

Statutory Citations

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