Any non-government affiliated lawyers do not have direct access to the detention centres or transit zones. No detention for unaccompanied children: In Bulgaria, Hungary, Poland and Romania, only the detention of unaccompanied children is prohibited by law. Unaccompanied minors in Poland are only detained when there are doubts about their age. Number, capacity and location of detention centres. The Australian average far exceeds that of other countries. No detention: Detention of both children in families and unaccompanied children is forbidden in Cyprus, Italy, the Netherlands and Sweden. Specifically with regard to social assistance, the Ombudsman asked for instructions for CIE in order to ensure the right of detainees to contact NGOs and the right of NGOs to visit the centres and to meet with them. These are set to open in spring 2018. . Financial guarantee: This alternative is applicable in Austria, Cyprus, Germany, Greece, Hungary, Malta, the Netherlands, Poland and the United Kingdom. Federal Immigration Minister Scott Morrison did not respond to requests for comment. Procedure for accessing legal aid: in Cyprus, applications are subject to a means and merits test, the latter part of which requires the applicant to raise points to establish that there is a real chance of success in their case. In some centres in France, such as Marseille, the frequent lack of police staff leads the police to focus on surveillance rather than allowing family visits to take place. Detained migrants are also able to contact an organisation to which they wish to speak. Delays in getting an appointment at a legal surgery mean that in practice they may face removal before they can obtain an appointment. The average time asylum seekers are detained is 275 days – almost four times longer than the average 72 days asylum seekers were spending in detention in July last year. Executive director of the Refugee and Immigration Legal Centre David Manne said the onus was "squarely on the government to explain why so many people should be detained for so long". ": Gillian Triggs.Credit:Tara Ward. Article 9 of the recast Reception Conditions Directive contains guarantees for detained applicants. And it is a policy choice that must end now. In Sweden, children can be detained when alternatives to detention have failed, which happens in practice, although not very often. The lack of resources on behalf of detainees to contract the services of a lawyer also contributes to the difficulty of this process. Moreover, in Cyprus free legal assistance is not provided for detainees who fall under the category of “prohibited immigrant”. Article 9(1) of the recast Reception Conditions Directive requires detention to be as "short as possible", though no specific time limit is imposed. Information last updated on September 16, 2020. In Malta vulnerable applicants are not detained, except when they enter by plane, in which case the vulnerability assessment in the Initial Reception Centre (IRC) is skipped and asylum seekers are detained immediately. Keeping asylum seekers unnecessarily detained is a policy choice, not a necessity. In addition, the 2014 CIE Regulation allowed organisations working with migrants to receive a special accreditation to enter CIE and conduct monitoring of the detained persons. Can no longer use indefinite detention … The HHC lawyers can only represent the clients if the asylum seekers explicitly communicate the wish to be represented by the HHC lawyer to the IAO (they sign a special form). Article 10(1) provides that Member States can resort to detention of applicants in prisons where no specialised detention facility is available and only on the condition that applicants shall be kept separately from ordinary prisoners. In Hungary in 2017, asylum detention was hardly used, along with the alternatives to detention (391 asylum seekers were placed in asylum detention, 2 were given bail, and 1,176 were given a designated place of stay). In this process the state legal counsel representing the Republic acts as opponent and submits reasons why legal aid should not be provided, which leads to an extremely unequal process. Grounds for detentionArticle 8(3) recast Reception Conditions Directive. In this process the state legal counsel representing the Republic acts as opponent and submits reasons why legal aid should not be provided, which leads to an extremely unequal process. However, concerns remain regarding the number of children – usually beggars or street vendors – arbitrarily detained in police stations. She warned increased unrest, anxiety, anger and self-harm – including among young children – would be the inevitable outcome of longer periods in detention. No vulnerable groups were detained in 2016 in. "Leaving them to languish in detention centres is not only costly, it prevents refugees from being able to settle, secure a job and contribute to Australian society.". "In other words, children and their parents are being used as a form of deterrence, which, as we well know, is contrary to the Refugee Convention.". This at least includes the preparation of the required procedural documents and participation in the hearing before the judicial authorities on behalf of the applicant. The alternatives to detention mentioned in Article 8(4) of the recast Reception Conditions Directive are regular reporting to the authorities, the deposit of a financial guarantee, and an obligation to stay at an assigned place. Since the reform of the law on asylum, representatives from UNHCR have access to the administrative detention centres in France under the same conditions as for waiting zones, meaning they have to get an individual agreement whose validity is of 3 months renewable. Refugee advocates say the average wait in detention centres has been artificially held down by past surges in new boat arrivals, which only subsided mid last year. However in Bulgaria and Hungary and (to a lesser extent) Romania, this does happen in practice with up to 1,821 unaccompanied children in detention in Bulgaria in 2016. Most asylum seekers (2,107) were de facto detained in the transit zones, for which no alternative is prescribed in the law. Article 10(1) recast Reception Conditions Directive. In Spain, alternatives to detention which exist in law are not applied in practice. Due to the lack of accommodation facilities or transit facilities for children, detention of unaccompanied children is systematically imposed.
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