08. Accelerated Asylum or Screening Procedures

08.06. Accelerated procedures are only initiated for individuals whose asylum claims are fairly determined to be ‘manifestly unfounded’ or ‘clearly abusive’.

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08.07. The vulnerability of individuals and the complexity of their cases are assessed when deciding whether to apply accelerated procedures.

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08.08. Immigration detainees are furnished with written reasons setting out the grounds upon which a negative decision is based, are able to access their case files in a timely way, and have an adequate opportunity to avail themselves of their right to appeal.

A. Detention and Immigration Procedures,08. Accelerated Asylum or Screening Procedures

08.09. Where national procedural rules require that appeal papers must be lodged in person, such requirements are modified or waived for immigration detainees.

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08.10. Immigration detainees are given an adequate opportunity to apply for a stay of deportation or removal pending the outcome of their appeal, as a safeguard against refoulement and in exercise of their right to an effective remedy.

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08.11. Detention does not serve, whether directly or indirectly, to limit or otherwise obstruct access to accelerated protection or other immigration procedures.

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08.12. There is a protocol and practice of identifying alternatives to detention for people subject to an accelerated asylum and/or screening procedure. Where detention is necessary, it is for the shortest possible time, does not compromise minimum procedural guarantees, and otherwise meets minimum standards.

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08.01. Effective access to competent legal counsel is not compromised by channelling into accelerated procedures.

A. Detention and Immigration Procedures,08. Accelerated Asylum or Screening Procedures

08.02. Interpreters are readily available, as required, to help detainees to express themselves, to understand their rights and to access accelerated procedures, including appeal procedures.

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08.03. Access to information about the right to seek asylum, to access other forms of protection, or to other immigration procedures is not compromised for those channelled into an accelerated procedure.

A. Detention and Immigration Procedures,08. Accelerated Asylum or Screening Procedures