D5.40 Review of warrant of commitment or release on conditions

See also Immigration Act 2009 s 324

At any stage during the currency of a warrant of commitment an immigration officer may apply to a District Court Judge for:
1. a variation of the warrant of commitment; or
2. an order that the person who is detained under the warrant be released on conditions under section 320 of the Immigration Act 2009; or
3. an order that the person be released from custody.
At any stage when a person is released on conditions under section 320 of the Immigration Act 2009 an immigration officer may apply to a District Court Judge for:
1. an order that the person who is released on conditions be detained under a warrant of commitment; or
2. a variation of conditions.
Subject to (e) below, a person detained under a warrant of commitment may apply to a District Court Judge for:
1. a variation of the warrant of commitment; or
2. an order that the person be released on conditions under section 320 of the Immigration Act 2009.
Subject to (e) below, a person released on conditions may apply to a District Court Judge seeking a variation of those conditions.
An application under (c) or (d) above must be made with the leave of a District Court Judge, which may be granted only if the Judge is satisfied that new information has become available that:
1. is material to the person’s on-going detention or release on conditions; and
2. was unavailable at the time the warrant of commitment or the decision to release on conditions was made.
An application for a review of a warrant of commitment or release on conditions must be considered in accordance with sections 317, 318, or 323, of the Immigration Act 2009 as appropriate.
This section does not apply to mass arrival warrants of commitment and further mass arrival warrants of commitment as defined in sections 317B and 317E(1)(a) of the Immigration Act 2009. Those warrants should be dealt with in the manner specified at D5.75.20.