Immigration Amendment Act 2013

12 New sections 317A to 317E inserted
  • After section 317, insert:

    317A Application for mass arrival warrant
    • (1) An immigration officer may apply to a District Court Judge for a warrant of commitment authorising the detention, for a period of not more than 6 months, of the members of a mass arrival group (a mass arrival warrant) if—

      • (a) the warrant is necessary—

        • (i) to effectively manage the mass arrival group; or

        • (ii) to manage any threat or risk to security or to the public arising from, or that may arise from, 1 or more members of the mass arrival group; or

        • (iii) to uphold the integrity or efficiency of the immigration system; or

        • (iv) to avoid disrupting the efficient functioning of the District Court, including the warrant of commitment application procedure; and

      • (b) the members of the mass arrival group are detained in custody under this Part; and

      • (c) it becomes apparent that, before the expiry of the period for which detention is authorised, 1 or more of the circumstances described in paragraphs (a) to (d) of section 316(1) will apply to each member of the mass arrival group.

      (2) Every application under this section must—

      • (a) be made on oath; and

      • (b) include—

        • (i) the number of persons to whom the warrant is to apply; and

        • (ii) identity information in respect of each of the persons; and

        • (iii) particulars of the craft, or of each of the group of craft, on which the persons arrived (if known); and

        • (iv) a description of the circumstances in which the craft, or the group of craft, arrived; and

      • (c) include a statement of—

        • (i) why the warrant is necessary in terms of subsection (1)(a); and

        • (ii) how subsection (1)(c) relates to each person to whom the warrant is to apply.

      (3) An application under this section may, but is not required to, include any other supporting evidence or information relating to the members of the mass arrival group.

      (4) The Judge must determine an application under section 317B.

      (5) Nothing in this section permits an immigration officer to include a person under 18 years of age in an application for a mass arrival warrant unless the person has a parent, guardian, or relative who is a member of the mass arrival group.

      (6) In subsection (2)(b)(ii), identity information means 1 or more of the following:

      • (a) a name of the person (which may be the name that the person is known by or a name assigned to the person):

      • (b) biometric information in relation to the person:

      • (c) a physical description of the person.

    317B Decision on application for mass arrival warrant
    • (1) On an application for a mass arrival warrant under section 317A, a District Court Judge must,—

      • (a) if satisfied of the matters in subsection (2), grant the application and act under subsection (3); or

      • (b) if not satisfied of the matters in subsection (2), refuse the application and act under subsection (4).

      (2) The matters are that—

      • (a) the application relates to a mass arrival group; and

      • (b) the warrant is necessary for 1 or more of the reasons stated in section 317A(1)(a); and

      • (c) 1 or more of the circumstances described in paragraphs (a) to (d) of section 316(1) will apply in respect of each member of the mass arrival group; and

      • (d) the requirements of section 317A(2)(a) to (c) have been met.

      (3) The Judge must issue the warrant in the prescribed form authorising the detention of each member of the mass arrival group in a place or the places named in the warrant—

      • (a) for the period sought in the application; or

      • (b) for a specified shorter period, if he or she is satisfied that, after the expiry of the shorter period,—

        • (i) the reasons for the necessity of the warrant in terms of section 317A(1)(a) will no longer apply; or

        • (ii) the circumstances described in paragraphs (a) to (d) of section 316(1) will no longer apply in respect of each member of the mass arrival group.

      (4) The Judge must—

      • (a) treat the application as if it were applications made under section 316 in respect of each member of the mass arrival group; and

      • (b) determine the applications in accordance with subsection (3) of that section.

    317C Variation of mass arrival warrant
    • (1) If a mass arrival warrant is issued under section 317B, an immigration officer may subsequently apply for a variation of the warrant to include 1 or more persons who are members of the mass arrival group but who were not known to the immigration officer who made the application under section 317A at the time the application was made.

      (2) Every application under this section must—

      • (a) be made on oath; and

      • (b) include—

        • (i) a copy of the original application and warrant; and

        • (ii) identity information (within the meaning of section 317A(6)) in respect of each person to be included in the warrant; and

        • (iii) a statement of how section 317A(1)(c) relates to each person to be included in the warrant.

      (3) On an application under this section, a District Court Judge must,—

      • (a) if satisfied of the matters in subsection (4), grant the application and act under subsection (5); or

      • (b) if not satisfied of the matters in subsection (4), refuse the application and act under subsection (6).

      (4) The matters are that—

      • (a) the persons are members of the mass arrival group; and

      • (b) 1 or more of the circumstances described in paragraphs (a) to (d) of section 316(1) will apply in respect of each of those persons; and

      • (c) the requirements of subsection (2) have been met.

      (5) The Judge must vary the existing warrant to include the persons specified in the application, but must not extend the period of the warrant.

      (6) The Judge must—

      • (a) treat the application as if it were applications made under section 316 in respect of each person the immigration officer has sought to be included in the mass arrival warrant; and

      • (b) determine the applications in accordance with subsection (3) of that section.

      (7) Nothing in this section permits an immigration officer to include a person under 18 years of age in an application for a variation of a mass arrival warrant unless the person has a parent, guardian, or relative who is a member of the mass arrival group.

    317D District Court may impose reporting requirements
    • (1) When issuing a mass arrival warrant under section 317B or varying a mass arrival warrant under section 317C, a District Court Judge may order an immigration officer to report to the court, on a day or days determined by the Judge, but no more than once every 28 days for the duration of the warrant, on the continuing applicability of the reasons for the necessity of the warrant in terms of section 317A(1)(a).

      (2) A District Court Judge may shorten the period of a mass arrival warrant or a varied mass arrival warrant, and vary the warrant accordingly, if, after receiving a report, he or she is satisfied that those reasons will no longer apply after the expiry of the shortened period.

    317E Application for further warrant of commitment in respect of mass arrival group
    • (1) An immigration officer may apply to a District Court Judge for a further warrant of commitment authorising the continued detention of—

      • (a) all or specified members of a mass arrival group, as members of a mass arrival group; or

      • (b) 1 or more members of a mass arrival group as individuals.

      (2) An application for a further warrant of commitment under subsection (1)(a) may be for a period of not more than 28 days and must—

      • (a) comply with section 317A(2), and that section applies with any necessary modifications; and

      • (b) be determined by a District Court Judge in accordance with section 317B, and that section applies with any necessary modifications.

      (3) An application for a further warrant of commitment under subsection (1)(b) must be made under section 316 and determined by a District Court Judge in accordance with subsection (3) of that section.

      (4) If a member of a mass arrival group is dealt with under subsection (3),—

      • (a) he or she—

        • (i) is no longer to be treated as a member of a mass arrival group for the purposes of this Act; and

        • (ii) must, from the time of the Judge's determination, be dealt with under this Act as any other individual would be; and

      • (b) the Judge must consequentially amend the warrant of commitment relating to the mass arrival group to exclude the member from the warrant.

      (5) Subsection (4)(a) is for the avoidance of doubt.