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Instrument
Provision
Text
I.44
Proceedings of challenges to decisions regarding immigration detention must be suspensive to avoid expulsion prior to the case-by-case examination of migrants in administrative detention, regardless of their status.
II.112
All decisions and actions taken in relation to non-nationals below the age of 18, whether accompanied or unaccompanied, shall be guided by the right of the child to have his or her best interests taken as a primary consideration, and shall accord with the specific protections afforded to children in the present Basic Principles and Guidelines.
II.116
In the case of asylum seekers, the scope of judicial review should recognize that there is a right to seek asylum under international law and that, given that it is neither an unlawful nor a criminal act, it cannot be invoked as grounds for their detention. Asylum seekers and refugees are to be protected from penalization for their illegal entry or stay in accordance with international refugee law, including through the use of detention.
33
Reaffirming that all individuals who have crossed or are seeking to cross international borders are entitled to due process in the assessment of their legal status, entry and stay, we will consider reviewing policies that criminalize cross border movements. We will also pursue alternatives to detention while these assessments are under way. Furthermore, recognizing that detention for the purposes of determining migration status is seldom, if ever, in the best interest of the child, we will use it only as a measure of last resort, in the least restrictive setting, for the shortest possible period of time, under conditions that respect their human rights and in a manner that takes into account, as a primary consideration, the best interest of the child, and we will work towards the ending of this practice.