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317B: Decision on application for mass arrival warrant
or “Judge decides on warrant for detaining large group arrivals”
You could also call this:

“Changing a group arrest order to include more people”

If a mass arrival warrant has been issued, an immigration officer can ask to change it to include more people from the same group who weren’t known about before. This is called a variation.

To ask for a variation, the immigration officer must swear an oath and provide some information. They need to give a copy of the original warrant, details about the new people to be added, and explain why these people should be included.

A judge will look at this request. If the judge agrees that the new people are part of the group and meet certain conditions, they will change the warrant to include them. The judge can’t make the warrant last longer, but they can change where the people are held.

If the judge doesn’t agree, they’ll treat each new person’s case separately and decide what to do for each one.

An important rule is that the immigration officer can’t add anyone under 18 years old to the warrant unless they have a parent, guardian, or relative who is already part of the group.

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Next up: 317D: District Court may impose reporting requirements

or “Court can require updates on mass arrival warrants and adjust them as needed”
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Part 9 Detention and monitoring
Warrants of commitment

317CVariation 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—

  3. be made on oath; and
    1. include—
      1. a copy of the original application and warrant; and
        1. identity information (within the meaning of section 317A(6)) in respect of each person to be included in the warrant; and
          1. a statement of how section 317A(1)(c) relates to each person to be included in the warrant.

          2. On an application under this section, a District Court Judge must,—

          3. if satisfied of the matters in subsection (4), grant the application and act under subsection (5); or
            1. if not satisfied of the matters in subsection (4), refuse the application and act under subsection (6).

              1. The matters are that—

              2. the persons are members of the mass arrival group; and
                1. 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
                  1. the requirements of subsection (2) have been met.

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

                    2. When issuing the variation to the existing warrant, the Judge may also vary, on his or her motion or upon application by a party, the place or places of detention named in the warrant.

                    3. The Judge must—

                    4. 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
                      1. determine the applications in accordance with subsection (3) of that section.

                        1. 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.

                        Notes
                        • Section 317C: inserted, on , by section 12 of the Immigration Amendment Act 2013 (2013 No 39).
                        • Section 317C(5A): inserted, on , by section 11 of the Immigration (Mass Arrivals) Amendment Act 2024 (2024 No 17).