Immigration appeal — claim of refugee status — warrant of commitment — Immigration Act 2009 ss 317 & 323. The respondent, Mr Booker, was a Brazilian national who had been in New Zealand unlawfully since 2011 and in custody for a period of over 15 months. This current warrant of commitment was set to expire and the Crown had applied for a fresh warrant of commitment, which was opposed. The respondent sought refugee status after he was brought into custody, which was declined. He subsequently appealed to the Immigration Protection Tribunal, which was also declined. With new lawyers, he sought a second refugee claim a year after his first claim, which is currently under review and may be open to appeals following. The practical effect of that is the respondent has been in prison for over 15 months and wishes to be released on reasonable bail conditions pending the determination of the claim. The legal issue was whether the application for a warrant of commitment should be considered under the provisions of s 317 or under s 323 of the Immigration Act, and whether there are "exceptional circumstances" to warrant release. The Judge considered the legislative framework and determined that there are no exceptional circumstances in this case. Although the delay is considerable, it is not exceptional. The Judge drew a distinction between claims of refugee status made before entering custody and those claims made afterwards. The Judge found the respondent was covered by s 323, but if he was wrong, the respondent still failed under s 317 for release. Therefore, the Judge issued the warrant of commitment for a period of 28 days when the current warrant expires. Judgment Date: 28 May 2018. * * * Note: names have been changed to comply with legal requirements. * * *