D5.75 Mass arrival warrants of commitment

1. A mass arrival warrant of commitment may be granted for members of a mass arrival group as defined at C8.5, but not for unaccompanied minors as defined at C8.5.5.
2. Mass arrival warrants of commitment are subject to the provisions specified at D5.15.
3. An approved form of custody, as specified at D5.60, must be used for persons detained under a mass arrival warrant of commitment.
4. Provisions specified at D5.65 must be applied to minors who are to be detained.

D5.75.1 Applying for a mass arrival warrant of commitment

1. An immigration officer may apply to a District Court Judge for a mass arrival warrant of commitment authorising the detention, for a period of not more than six months, of the members of a mass arrival group if:
   1. the warrant is necessary to:
      • effectively manage the mass arrival group; or
      • manage any threat or risk to security or to the public arising from, or that may arise from, a member or members of the mass arrival group; or
      • uphold the integrity or efficiency of the immigration system; or
      • avoid disrupting the efficient functioning of the District Court (including the warrant of commitment application process); and
   2. the members of the mass arrival group are detained in custody under Part 9 of the Immigration Act 2009; and
   3. it becomes apparent that one or more circumstances described in paragraphs (a) to (d) of section 316(1) of the Immigration Act 2009 will apply to each member of the mass arrival group to be detained under the warrant of commitment.
2. Every application for a mass arrival warrant of commitment must be made under oath and include:
   1. the number of persons to whom the warrant is to apply; and
   2. identity information in respect of each of the persons; and
   3. particulars of the craft, or of each of the group of craft, on which the persons arrived (if known); and
   4. a description of the circumstances in which the craft, of the group of craft, arrived; and
   5. a statement of why the warrant is necessary in terms of D5.75.1(a)(i); and
   6. a statement of how the requirements at D5.75.1(a)(iii) relate to each person to whom the warrant is to apply.
3. An application for a mass arrival warrant of commitment may, but is not required to, include other supporting evidence or information relating to the members of the mass arrival group included in the warrant.

D5.75.5 Applying for a variation of a mass arrival warrant of commitment

1. An immigration officer may apply for a variation of a mass arrival warrant of commitment issued under D5.75.1 for it to include one or more persons who are members of the mass arrival group, but who were not known to the immigration officer who made the original application for a mass arrival warrant.
2. An application for a variation of a mass arrival warrant must be made under oath and include:
   1. a copy of the original application and warrant; and
   2. identity information in respect of each person to be added in the warrant; and
   3. a statement of how the requirements at D5.75.1(a)(iii) relate to each person to be included in the warrant.

D5.75.10 Imposition of reporting requirements on an immigration officer

1. A District Court Judge may order an immigration officer to report to the court, on a day or days determined by the court but no more than once every 28 days to the duration of the warrant, on the continuing applicability of the reasons for the warrant.
2. A District Court Judge may shorten the period of a warrant if he or she is satisfied that the reasons for the warrant will no longer apply.

D5.75.15 Applying for a further warrant of commitment in respect of members of a mass arrival group

1. An immigration officer may apply to a District Court judge for a further warrant of commitment, effective for a period of not more than 28 days, applying to:
   1. all or specified members of a mass arrival group (as members of a mass arrival group); or
   2. one or more members of a mass arrival group (as individuals).
2. An application for a further warrant of commitment in respect to members of a mass arrival group must include the evidence, and be made in the manner, specified at D5.75.1(b).

D5.75.20 Review of a mass arrival warrant of commitment or a further mass arrival warrant of commitment.

See also Immigration Act 2009 s 324A

1. At any stage during the currency of a warrant of commitment an immigration officer may apply to a District Court Judge for a variation of the mass arrival warrant of commitment to:
   1. shorten the period that the warrant applies; and/or
   2. provide for one or more persons detained under the warrant to be detained in a place or places other than the place or places that are specified currently.
2. At any stage during the currency of a mass arrival warrant of commitment, an immigration officer may, in respect of a particular individual detained under the warrant, apply to a District Court Judge for:
   1. a warrant of commitment for the individual under section 316 of the Immigration Act 2009; or
   2. an order that the individual be released on conditions under section 320 of the Immigration Act 2009; or
   3. an order that the individual be released.

D5.75.25 Persons not to be treated as members of a mass arrival group

1. If a person is dealt with under D5.75.15(a)(ii) or D5.75.20(b), he or she:
   1. will no longer be treated as a member of the mass arrival group for the purposes of the Immigration Act 2009; and
   2. will not be subject to requirements at C8.10, C8.15 or C8.20 or requirements applying to members of mass arrival groups elsewhere in immigration or operational instructions.
2. If a person, or persons, to whom (a) above applies has already been granted a visa under instructions C8.20 at the time of the Judge’s determination, the validity and conditions of that visa, or those visas, already granted will not be affected by the application of (a) above.

Effective 29/07/2013