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317AB: Limited period for decision on mass arrival warrant
or “Judge must decide on mass arrival warrants within 28 days”
You could also call this:

“Judge decides on warrant for detaining large group arrivals”

When a judge receives an application for a mass arrival warrant, they need to decide whether to grant or refuse it. If they are satisfied that the application is about a mass arrival group, the warrant is needed for specific reasons, certain circumstances apply to each member of the group, and some requirements have been met, they will grant the warrant.

If the judge grants the warrant, they will issue it in a special form. This form allows the detention of each person in the mass arrival group in one or more specified places. The detention can be for the time asked for in the application or for a shorter time if the judge thinks the reasons for the warrant won’t apply after that shorter time.

The judge can change where the people will be detained, even if it’s different from what was asked for in the application. They can do this on their own or if someone asks them to.

If the judge is not satisfied with the application, they will refuse it. Instead, they will treat it as if there were separate applications for each person in the group under a different section of the law. They will then decide on these applications based on the rules in that section.

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Next up: 317C: Variation of mass arrival warrant

or “Changing a group arrest order to include more people”
Next

Part 9 Detention and monitoring
Warrants of commitment

317BDecision on application for mass arrival warrant

  1. On an application for a mass arrival warrant under section 317A, a District Court Judge must,—

  2. if satisfied of the matters in subsection (2), grant the application and act under subsection (3); or
    1. if not satisfied of the matters in subsection (2), refuse the application and act under subsection (4).

      1. The matters are that—

      2. the application relates to a mass arrival group; and
        1. the warrant is necessary for 1 or more of the reasons stated in section 317A(1)(a); and
          1. 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
            1. the requirements of section 317A(2)(a) to (c) have been met.

              1. 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—

              2. for the period sought in the application; or
                1. for a specified shorter period, if he or she is satisfied that, after the expiry of the shorter period,—
                  1. the reasons for the necessity of the warrant in terms of section 317A(1)(a) will no longer apply; or
                    1. 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.

                    2. Despite subsection (3), when issuing the warrant the Judge may vary, on his or her motion or upon application by a party, the place or places of detention named in the application for the warrant.

                    3. The Judge must—

                    4. treat the application as if it were applications made under section 316 in respect of each member of the mass arrival group; and
                      1. determine the applications in accordance with subsection (3) of that section.

                        Notes
                        • Section 317B: inserted, on , by section 12 of the Immigration Amendment Act 2013 (2013 No 39).
                        • Section 317B(3A): inserted, on , by section 10 of the Immigration (Mass Arrivals) Amendment Act 2024 (2024 No 17).