Archives Detention Monitoring Template

05.09. The initial decision to detain – and the review of the continuing need for detention – takes into account special needs and vulnerabilities of detainees, including social and medical vulnerabilities, as well as history of torture and trauma, and evaluate the suitability of alternatives accordingly.

05. Detention Procedures,A. Detention and Immigration Procedures

05.08. The decision to detain provides notice of periodic review and appeal rights (including any statutory or other time limits or limitations) that regularly examine whether continuing detention is necessary, reasonable and proportionate.

05. Detention Procedures,A. Detention and Immigration Procedures

05.07. The decision to detain takes into account the possibility for provisional release.

05. Detention Procedures,A. Detention and Immigration Procedures

05.06. Decisions to detain are made only after less coercive and intrusive alternatives have been found not to be suitable in the individual case and there is an effective package of alternatives available.

05. Detention Procedures,A. Detention and Immigration Procedures

05.05. 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.

05. Detention Procedures,A. Detention and Immigration Procedures

05.04. 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.

05. Detention Procedures,A. Detention and Immigration Procedures

04.10. Information, notices and/or decisions relating to a detainee’s detention, transfer, asylum and/or migration status, or removal is communicated in a timely way to the detainee and to his/her legal representative.

04. Access to Legal Counsel,A. Detention and Immigration Procedures

05.03. 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.

05. Detention Procedures,A. Detention and Immigration Procedures

05.02. 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.

05. Detention Procedures,A. Detention and Immigration Procedures

05.01. Immigration detention is exceptional, and permissible only on grounds prescribed by law and in accordance with procedures authorised by law.

05. Detention Procedures,A. Detention and Immigration Procedures