D5.40 Review of warrant of commitment or release on conditions (29/11/2010)

See also Immigration Act 2009 s 324

1. 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.
2. 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.
3. 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.
4. Subject to (e) below, a person released on conditions may apply to a District Court Judge seeking a variation of those conditions.
5. 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 ongoing 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.
6. 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.

Effective 29/11/2010