D4.35 Release or extended detention within the 72 hour period

Immigration Act 1987 s 60

1. If a person is arrested or detained for the purposes of removal and it becomes apparent that:
   1. no craft* will be available within 72 hours; or
   2. the craft* that the person was to have departed on is no longer available; or
   3. the circumstances of that person make it impracticable for them to leave within 72 hours; or
   4. the person is unable to depart within 72 hours for some other reason (such as the lodging of a claim for refugee status),

   then unless the person is released, an immigration officer must arrange for the person to be brought before a District Court Judge so that a warrant of commitment can be obtained.

2. Unless a Judge considers that there are exceptional circumstances that justify the release of a person who is detained under a warrant of commitment, they may not order the release of a person if the person is currently a refugee status claimant and the claim was only made after the removal order was served.
3. A person cannot be detained for the purposes of removal under one or more warrants of commitment for a consecutive period of more than 3 months.
4. If a person is released from detention, this does not affect their liability for later detention and removal.

Effective 01/10/1999