Section 325 — Immigration Act 2009: Consideration by High Court of application involving classified information

325 Consideration by High Court of application involving classified information (1) This section and section 326 apply to an application made under section 316 or 324(1), (2), (3), or (4) , if the application is made in respect of a person subject to a decision made, or proposed to be made, relying on classified information. (2) In such a case— (a) the application, or the response to an application for review made by the person subject to the decision, must be made by the chief executive and not by an immigration officer; and (b) the District Court Judge must not be provided with access to any classified information. (3) If the District Court Judge considering the application considers that it is necessary to access classified information in order to make a decision in relation to an application under section 316 or 324 , the Judge must immediately transfer the application to the High Court for consideration by a nominated Judge (as defined in section 252(2) ). (4) If the chief executive considers that it will be necessary for a Judge to access classified information in order to make a decision in relation to an application under section 316 or 324 , the chief executive may make the application directly to the High Court for consideration by a nominated Judge. (5) If this section applies, the person may continue to be detained— (a) without warrant under section 313 , until a determination is made on the application, as long as the application for a warrant of commitment is made not later than 96 hours after the person’s arrest and detention (inclusive of any time during which the person was detained by an immigration officer under section 312 ); or (b) under an existing warrant of commitment, until a determination is made on the application, as long as the application is made before the expiry of the existing warrant of commitment.