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

08. Accelerated Asylum or Screening ProceduresA. Detention and Immigration 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.

08. Accelerated Asylum or Screening ProceduresA. Detention and Immigration Procedures

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.

08. Accelerated Asylum or Screening ProceduresA. Detention and Immigration Procedures

08.04. Immigration authorities facilitate the distribution of application forms appropriate to the expressed needs of detainees and ensure that detainees have sufficient time to complete them (with the assistance of a legal representative, if they wish).

08. Accelerated Asylum or Screening ProceduresA. Detention and Immigration Procedures

08.05. Immigration detainees are advised that they have been channelled into an accelerated procedure and are informed of shortened time-limits within which to file applications and appeals.

08. Accelerated Asylum or Screening ProceduresA. Detention and Immigration Procedures

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

08. Accelerated Asylum or Screening ProceduresA. Detention and Immigration Procedures

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

08. Accelerated Asylum or Screening ProceduresA. Detention and Immigration Procedures

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.

08. Accelerated Asylum or Screening ProceduresA. Detention and Immigration 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.

08. Accelerated Asylum or Screening ProceduresA. Detention and Immigration Procedures

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.

08. Accelerated Asylum or Screening ProceduresA. Detention and Immigration Procedures

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

08. Accelerated Asylum or Screening ProceduresA. Detention and Immigration Procedures

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.

08. Accelerated Asylum or Screening ProceduresA. Detention and Immigration Procedures

09.01. Release takes place in an appropriate and dignified way.

09. Release and After-CareA. Detention and Immigration Procedures

09.02. Detainees are adequately prepared for their release and for life in the host community, whether temporarily or permanently.

09. Release and After-CareA. Detention and Immigration Procedures

09.03. Detainees requiring continued health care, including mental health care, are referred to appropriate services and assisted to access them.

09. Release and After-CareA. Detention and Immigration Procedures

09.04. Detainees to be released into the community are linked to legal advisers and local support groups prior to release.

09. Release and After-CareA. Detention and Immigration Procedures

09.05. Detainees to be released into the community are provided with sufficient cash assistance to enable them to cover initial travel, accommodation and food costs.

09. Release and After-CareA. Detention and Immigration Procedures

09.06. The detention facility has a comprehensive record of release procedures in each individual case.

09. Release and After-CareA. Detention and Immigration Procedures

09.07. Detainees are released wearing, and equipped with, suitable clothing and shoes.

09. Release and After-CareA. Detention and Immigration Procedures

09.08. Detainees are provided with suitable bags for their clothing and other belongings.

09. Release and After-CareA. Detention and Immigration Procedures
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