Mass Arrival Warrant of Commitment

At a glance

Mass arrival warrants of commitment allow immigration officers to seek court authorisation to detain members of a mass arrival group for up to six months, with the possibility of variation, further warrants, and review. [D5.75]

How it works

When a mass arrival group arrives, an immigration officer may apply to a District Court Judge for a mass arrival warrant of commitment. The warrant is subject to the standard warrant-of-commitment provisions (see Application for Warrant of Commitment), including those relating to form of custody and detention of minors. The officer must demonstrate necessity based on managing the group, security, system integrity, or court efficiency. [D5.75.1] Warrants may be varied to include unknown members, extended by further 28-day warrants, and reviewed at any time. [D5.75.5][D5.75.15][D5.75.20] A person who is dealt with individually ceases to be treated as a mass arrival group member and is no longer subject to the special visa and protection procedures for mass arrivals. [D5.75.25]

Steps

Applying for a mass arrival warrant of commitment

1. Determine eligibility: A mass arrival warrant may be sought for members of a mass arrival group as defined in immigration instructions under C8.5, but not for unaccompanied minors. [D5.75] The group must be detained under Part 9 of the Immigration Act 2009 and it must be apparent that one or more of the circumstances in section 316(1) will apply. [D5.75.1]
2. Prepare sworn application: The application must be under oath and include:
   • the number of persons to be detained;
   • identity information for each person;
   • particulars of the craft or craft group if known;
   • a description of how the craft arrived;
   • a statement of why the warrant is necessary (for effective management, security risk, system integrity, or court efficiency);
   • how the statutory circumstances relate to each person. [D5.75.1]
3. File with District Court: Lodge the application with a District Court Judge.
4. Judge's decision: The Judge may grant a warrant of commitment for up to six months, and may order the officer to report to the court up to every 28 days on continuing applicability of the reasons. [D5.75.10] The Judge may also shorten the warrant period if the reasons no longer apply. [D5.75.10]

Applying for a variation of a mass arrival warrant of commitment

1. Identify unknown members: If one or more members of the mass arrival group were not known at the time of the original application, an officer may apply to vary the warrant to include them. [D5.75.5]
2. Prepare application under oath: Include a copy of the original application and warrant, identity information for the new people, and a statement of how the statutory requirements relate to each person. [D5.75.5]
3. File with District Court.

Applying for a further warrant of commitment

1. Need for further detention: If detention beyond the initial warrant is required, an officer may apply for a further warrant for up to 28 days, applying to all or specified members (as group members) or to one or more individual members. [D5.75.15]
2. Prepare application: The application must follow the same requirements as the original mass arrival warrant (D5.75.1) and be made under oath. [D5.75.15]
3. Submit to Judge.

Review of a mass arrival warrant of commitment

1. Initiate review: At any time during the currency of a mass arrival warrant, an immigration officer may apply to:
   • vary the warrant to shorten the period or change the place of detention; [D5.75.20]
   • in respect of a particular individual, seek a standard warrant of commitment, release on conditions under section 320, or release. [D5.75.20]
2. Effect on group status: If an individual is dealt with under an individualised warrant or released, they cease to be treated as a member of the mass arrival group and are no longer subject to the mass arrival immigration instructions (C8.10, C8.15, C8.20). [D5.75.25] Any visas already granted under C8.20 are not affected. [D5.75.25]

Interpretation & edge cases

• Unaccompanied minors: Mass arrival warrants cannot be granted for unaccompanied minors. [D5.75] The definition of unaccompanied minor is in C8.5.5.
• Reporting requirements: The District Court Judge may order the immigration officer to report periodically (not more than once every 28 days) on whether the reasons for the warrant continue. [D5.75.10] This ensures judicial oversight.
• Detention of minors: Minors who are detained under a mass arrival warrant must be dealt with in accordance with the special protections for minors in D5.65 (see Application for Warrant of Commitment). [D5.75]
• Transition to individual status: If a person is dealt with individually (further warrant as an individual, standard warrant, release on conditions, or release), they lose mass arrival group status and are no longer subject to the group-specific visa and protection rules, but their existing visas are preserved. [D5.75.25]
• Mass arrival group must be detained under Part 9: The warrant can only be sought while the group members are already in custody under Part 9 of the Immigration Act 2009. [D5.75.1]
• The standard form of custody rules (D5.60) apply to persons detained under a mass arrival warrant. [D5.75]

Citations

• D5.75 — Mass arrival warrants of commitment