Detention and Immigration Procedures

9. Religious requirements, such as prayer times, are respected from the time of arrest and initial detention;
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Arrest and Initial Detention
9. Immigration detainees and their legal representatives receive adequate written notice of all interviews, review and appeal hearings relating to detention, protection, immigration and removal processes and procedures;
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Access to Legal Counsel
9. Health screening is provided on arrival by a suitably qualified medical doctor in private or, in the case of children, with the permission and involvement of a parent, carer or independent guardian;
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Arrival and Reception
9. Detainees have an adequate opportunity to pack their belongings and prepare themselves for transfer;
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Transit and Transfer
8. Use and methods of restraint are subject to an individualised risk assessment following a medical examination, and then only for as long as is strictly necessary;
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Transit and Transfer
8. Immigration detainees are able to request to have their legal representatives (and an interpreter, where necessary) present during any interview with government officials or their agents impacting on their rights or status, including staff of the place of detention, and to have a copy of the interview record, whether written or electronic;
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Access to Legal Counsel
8. Family accommodation is child friendly and suitable to the needs of unaccompanied and separated children;
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Arrival and Reception
8. Basic needs of detainees are met in a timely and dignified way and at appropriate intervals from the time of arrest and initial detention;
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Arrest and Initial Detention
7. Procedures are in place for administering medically prescribed medication and First Aid during escort, as required, and sick detainees requiring specialist treatment are transferred to a specialised institution or civilian hospital;
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Transit and Transfer
7. Immigration detainees have easy, unimpeded and free access to telephone, fax and email communications with legal advisers (through interpreters if necessary), as well as copying facilities, especially between visits and between hearings;
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Access to Legal Counsel
7. Family accommodation is provided, and arrival and reception formalities can take place there;
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Arrival and Reception
7. All immigration detainees are automatically advised of their right to seek asylum and to protection against refoulement.
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Arrest and Initial Detention
6. Staff receiving or escorting transferred detainees with special needs or vulnerabilities are fully and appropriately briefed;
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Transit and Transfer
6. Immigration detainees are entitled to choose and/or change legal representatives, and are entitled to have more than one legal representative to assist them with separate legal issues.
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Access to Legal Counsel
6. Clear and accurate information on rights, routines, services, rules and procedures are routinely provided to detainees, and detainees are helped to understand them, especially if they are illiterate or may otherwise have difficulty doing so;
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Arrival and Reception
6. Clear and accurate information on rights and procedures are provided to detainees, and detainees are helped to understand them, especially if they require interpreters, are illiterate or may otherwise have difficulty doing so.
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Arrest and Initial Detention
5. There is a complete and secure record of all movements of detainees;
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Transit and Transfer
5. The place of detention was expecting the detainees and was ready to receive them;
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Arrival and Reception
5. Interpreters are readily available, as required, and at all critical times;
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Arrest and Initial Detention
5. Immigration detainees receive individualised written reasons for the initial decision to detain them, which assesses the necessity, reasonableness and proportionality of detention in the individual case;
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Detention Procedures
5. Immigration detainees are provided with information on the standards of legal advice they are entitled to expect and how to access and use complaints procedures if they require them;
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Access to Legal Counsel
4. Reasons for arrest and detention are provided to detainees in writing and in a language that they understand;
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Arrest and Initial Detention
4. Free legal advice and assistance is available to immigration detainees, and eligibility guidelines are clear and accessible;
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Access to Legal Counsel
4. Detention is in a place reasonably accessible for visits from family, friends, legal advisers and community support;
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Arrival and Reception
4. Detainees have a reasonable opportunity to notify legal counsel, family, friends and support groups of transfer and free telephone and fax facilities are made available for this purpose;
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4. An immigration detainee’s attendance at interviews, review and appeal hearings is facilitated, as necessary, by the detaining authority and the staff of the place of detention;
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Detention Procedures
3. There is a presumption against detention of any person, and in particular any person whose mental or physical well-being or development is likely to be adversely affected by continued detention;
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Detention Procedures
3. Immigration detainees have access to advice and assistance from suitably qualified and competent legal representatives;
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Access to Legal Counsel
3. Detention is in a public establishment, and immigration detainees are not comingled with those detained under the criminal law;
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Arrival and Reception
3. Decisions to transfer are subject to judicial oversight and detainees being transferred out of the jurisdiction have the right to challenge the lawfulness of the decision to transfer prior to transfer;
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Transit and Transfer
3. Arrest and detention procedures are provided by law and properly documented for each individual.
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Arrest and Initial Detention
2. There is a valid order for detention, duly entered into the detention register;
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Arrival and Reception
2. Staff are easily identifiable as staff, and wear identification badges displaying their name and position;
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Arrest and Initial Detention
2. People taken into immigration detention for initial health, identity and security checks are brought before a person empowered to make an individualised order for their release or detention within a prescribed period of time and, in any event, promptly.
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Detention Procedures
2. Immigration detainees are automatically informed in a timely way of their right to be assisted by legal counsel and, in any event, at the time of their arrest and prior to any steps being taken to detain, turn around, deport or otherwise remove;
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Access to Legal Counsel
2. Detainees are given written reasons for the decision to transfer and information about the place to which they are being transferred;
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Transit and Transfer
18. Detainees spending their first night in custody should receive appropriate support and regular checks on their well-being.
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Arrival and Reception
17. UNHCR, ICRC, NPMs, NHRIs and duly authorised judicial bodies or NGOs have access to all places of detention including the place of initial detention.
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Arrest and Initial Detention
17. Shared accommodation, other than for family units or groups, is subject to a (reviewable) room-sharing risk assessment;
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Arrival and Reception
16. Shower facilities, toiletries and, if necessary, clean clothing that is fit for use, are provided within a reasonable time after arrival;
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Arrival and Reception
16. In the case of unaccompanied or separated children, family (especially parents or independent legal guardians), legal counsel, UNHCR and/or other appropriately mandated organisation or entity are promptly notified of detention or transfer;
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Arrest and Initial Detention
15. If staff withhold any documentation, particularly relating to identity, nationality or legal status, this is entered in a register, written reasons are provided for doing so and a good copy of the documentation is provided to the detainee;
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Arrival and Reception
15. At the time of initial detention, detainees are informed of their right to and are permitted (automatically and without delay) to contact UNHCR and/or a consular post or diplomatic mission in private and free of charge, and this contact is duly recorded (including time, date, and person contacted);
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Arrest and Initial Detention
14. There is no strip-searching other than in exceptional circumstances that are fully documented and defensible, and the conduct of which is authorised and regulated by statute; instead, suitable alternative screening methods are used to avoid the harmful pyschological and possibly physical impact of such searches, particularly on women and children;
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Arrival and Reception
14. At the time of initial detention, detainees are informed of their right to and are permitted (automatically and without delay) to telephone family and legal counsel in private and free of charge, and this contact is duly recorded (including time, date, and person contacted and whether contact was established);
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Arrest and Initial Detention
13. Staff are easily identifiable as staff at all times, and wear identification badges displaying their name and position;
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Arrest and Initial Detention
13. Searches of women and girls are only carried out by women Staff, who have been properly trained in approprate searching methods;
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Arrival and Reception
13. Detainees are held in conveyances for the shortest possible time and are not required to remain in transportation vehicles during mealtimes, prayer times or at night, unless unavoidable.
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Transit and Transfer
12. Transit or transfer does not ordinarily take place at night and, if unavoidable, reasons are fully documented;
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Transit and Transfer
12. If searches are necessary, searching procedures are undertaken in a manner that dignity and respect are protected and that is as un-intrusive as possible; such procedures are culturally and religiously sensitive and appropriate to the non-criminal status of the detainees;
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Arrival and Reception
12. Detention meets adequate levels of safety, security, cleanliness and comfort at all times, with due regard to special needs;
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Arrest and Initial Detention
12. Detention does not serve, whether directly or indirectly, to limit or otherwise obstruct access to legal counsel.
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Access to Legal Counsel
11. Unless related, male and female detainees and children are transported separately;
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Transit and Transfer
11. The integrity of family units/groups is respected and maintained at all times;
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Arrest and Initial Detention
11. Pressing welfare and support needs are addressed in a timely way;
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Arrival and Reception
11. Immigration detainees are given adequate time and facilities for timely and fully confidential legal consultation and communication, whether in person, by post, or through telephone or other electronic communication;
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Access to Legal Counsel
10. Transportation is appropriate for people with special needs, such as children, pregnant women, the elderly, people with a disability;
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Transit and Transfer
10. Social, physical and medical vulnerabilities, including risk of self-harm or suicide, are identified and assessed as early as possible, and in any event on arrival, appropriate care plans are developed, and affected individuals are protected, as appropriate;
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Arrival and Reception
10. Information, notices and/or decisions relating to a detainee’s detention, transfer, asylum and/or immigration status, or removal is communicated to the detainee and to his/her legal representative;
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Access to Legal Counsel
10. Cultural needs, including dietary requirements, are respected from the time of arrest and initial detention;
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Arrest and Initial Detention
1. There is a protocol for ensuring that access to legal counsel is facilitated in accordance with international legal standards;
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Access to Legal Counsel
1. There is a detention register that is numbered and bound, which records identity, time, date and grounds of detention, the competent authority responsible for the detention, and which detainees sign;
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Arrival and Reception
1. Staff and other officials are polite, courteous, and respectful of immigration detainees;
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Arrest and Initial Detention
1. Immigration detention is exceptional, and permissible only on grounds prescribed by law and in accordance with procedures authorised by law;
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Detention Procedures
1. Adequate notice is given to detainees of planned transfers, and details of and reasons for the transfer are duly recorded;
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Transit and Transfer