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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

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

05.03. 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😷 COVID

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😷 COVID

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😷 COVID

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😷 COVID

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

05. Detention Procedures A. Detention and Immigration Procedures😷 COVID

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

05.09. 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😷 COVID

05.10. Immigration detainees, their legal representatives, family members and other interested parties are able to access the courts to challenge the lawfulness and arbitrariness of the decision to detain or to continue to detain and detainees have the right to appear physically before the court.

05. Detention Procedures A. Detention and Immigration Procedures

05.11. Periodic review and appeal processes are prompt, meaningful, enforceable and independent.

05. Detention Procedures A. Detention and Immigration Procedures

05.12. Each detainee has ready access to a case liaison officer who is able to keep him/her well informed about progress on periodic review of detention and other detention-related appeal processes.

05. Detention Procedures A. Detention and Immigration Procedures

05.13. Detainees receive timely individualised written reasons for all subsequent reviews of detention, which assess the continuing necessity, reasonableness and proportionality of detention and take into account changes in circumstances and new information.

05. Detention Procedures A. Detention and Immigration Procedures😷 COVID

05.14. Detention is subject to strict time limits, and detainees are released if a prescribed maximum period of detention is reached.

05. Detention Procedures A. Detention and Immigration Procedures

05.15. Immigration detainees have access to timely and effective remedies for breaches of established standards in the decision-making process (such as release, compensation, reparations, and measures to prevent recurrence).

05. Detention Procedures A. Detention and Immigration Procedures

05.16. Staff and management are familiar with the detention processes and procedures and are able to provide necessary information to detainees as to their status and rights.

05. Detention Procedures A. Detention and Immigration Procedures

05.17. Staff and management understand and acknowledge the non-criminal status of immigration detainees.

05. Detention Procedures A. Detention and Immigration Procedures

06.01. Interim release is legally possible and enforceable.

06. Alternatives to Detention A. Detention and Immigration Procedures

06.02. The decision to detain or to continue to detain includes an individualised assessment of whether there are less coercive and intrusive ways of achieving a legitimate aim.

06. Alternatives to Detention A. Detention and Immigration Procedures

06.03. Alternatives to detention and the consequences of non-compliance with conditions are provided for by law or lawful regulation and are subject to meaningful, enforceable, and independent periodic review and non-citizens understand them.

06. Alternatives to Detention A. Detention and Immigration Procedures