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www.idcoalition.org
Alternatives to detention
and their practical implementation
替代收容及實際措施
Introducing the CAP model 簡介社區評...
www.idcoalition.org
Alternatives to
immigration detention
移民移工收容的替代措施
International developments
國際發展
1. Detention costly,...
www.idcoalition.org
Alternatives to
immigration detention
移民移工收容的替代措施
International developments 國際發展
1. Detention costly,...
www.idcoalition.org
Alternatives to
immigration detention
International developments 國際發展
2. Alternatives to Detention (AT...
www.idcoalition.org
Alternatives to
immigration detention
替代收容
Definition: 定義
Any legislation, policy or practice that all...
www.idcoalition.org
Alternatives to
immigration detention
International trends
1. ATD increasingly on international agenda...
www.idcoalition.org
Alternatives to
immigration detention
International research findings
國際研究發現
1. Release provisions 釋放規...
www.idcoalition.org
1. Release provisions 釋放規定
• Procedural safeguards (judicial review, court
order, parole, time limits ...
www.idcoalition.org
2. Community models: 社區模式
• Open reception centre 開放接待中心
• Ethnic community 族群社區
• Shelters 庇護所
• Fami...
www.idcoalition.org
3. Conditional release:
• Individual undertakings 個人承諾 –
requirements on an individual to comply and
c...
www.idcoalition.org
11
www.idcoalition.org
Alternatives to
immigration detention
How were these implemented:
• Legislative reform 修法
• Policy dev...
www.idcoalition.org
Developing alternatives
International examples:
USA – Community sponsor release program:
13
www.idcoalition.org
Developing alternatives
International examples:
USA – Community sponsor release program:
•Detention re...
www.idcoalition.org
Developing alternatives
International examples:
USA – Community sponsor release program:
•Detention re...
www.idcoalition.org
Developing alternatives
International examples:
USA – Community sponsor release program:
•Detention re...
www.idcoalition.org
Most successful programs:
1.Individuals are informed and feel they have been
through a fair process
2....
www.idcoalition.org
Most successful programs:
5.Identify key performance indicators: E.g cost,
compliance and wellbeing
6....
www.idcoalition.org
International research
Two key findings:
1) Mechanisms which prevent unnecessary detention
” ”機制以避免 非必...
www.idcoalition.org
20
www.idcoalition.org
21
www.idcoalition.org
Presumption against
detention
Ensuring a presumption against detention, and
detention as a last resort...
www.idcoalition.org
Screening &
Assessment
States with screening and assessment processes are
better placed to make inform...
www.idcoalition.org
Individual Assessment
24
www.idcoalition.org
Individual Assessment
25
www.idcoalition.org
Legal Obligations
Assessing the legal basis to detain:
– Whether alternatives are required or have bee...
www.idcoalition.org
Identity, Health and
Security checks
• Health checks on arrival
• Identity - Release of individuals co...
www.idcoalition.org
www.idcoalition.org
29
www.idcoalition.org
Individual case factors
Relevant in assessing risk of absconding:
– Stage in the migration process
– I...
www.idcoalition.org
Ensuring compliance
Asylum seekers and irregular migrants are a low risk to
abscond if they are awaiti...
www.idcoalition.org
Community
Assessment
Assessing the community setting assists in
determining factors that support or un...
www.idcoalition.org
• Case management is a strategy for supporting
and managing individuals whilst their status is
being r...
www.idcoalition.org
Conditional Release
• Individual undertakings
• Monitoring
• Supervision
• Negative consequences for n...
www.idcoalition.org
Intensive Case
Resolution
Case management strategies for cases facing return:
• Identify barriers to d...
www.idcoalition.org
Intensive Case
Resolution
Return preparation programs
Examples include:
• Return preparation counselin...
www.idcoalition.org
Detention as a last
resort
• Grounds for detention in law
• Avenues for release
• Length of time
• Jud...
www.idcoalition.org
Benefits
• High rates of compliance
• Cheaper than detention
• Reduce wrongful detention and litigatio...
www.idcoalition.org
Benefits
• Alternatives cost less than detention
80% average saving, averaging $100 a day
For example:...
www.idcoalition.org
Benefits
• Alternatives maintain high rates of compliance and
appearance
90% average compliance rates
...
www.idcoalition.org
Benefits
• Alternatives increase independent departure and
voluntary return rates for refused cases 替代...
www.idcoalition.org
Key message
By assessing the individual and community context
and applying conditions in the community...
www.idcoalition.org
More information
www.idcoalition.org/cap
www.idcoalition.org
Developing alternatives
International examples:
• Belgium and Japan – Using CAP as a basis for
explora...
www.idcoalition.org
Developing alternatives
International examples:
• Australia – Community Care Pilot – An early
interven...
www.idcoalition.org
Developing alternatives
International examples: (non-European)
• Canada – Alternative policy and progr...
www.idcoalition.org
• Identifying a target population to test
alternatives to detention
• Collaboration of key stakeholder...
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Taiwan: Alternatives to Detention 2013

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Taiwan: Alternatives to Detention
Immigration Detention Policy Forum in Taipei, Taiwan
by Grant Mitchell
International Detention Coalition

Published in: Technology, Business
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Taiwan: Alternatives to Detention 2013

  1. 1. www.idcoalition.org Alternatives to detention and their practical implementation 替代收容及實際措施 Introducing the CAP model 簡介社區評估及安置模式
  2. 2. www.idcoalition.org Alternatives to immigration detention 移民移工收容的替代措施 International developments 國際發展 1. Detention costly, damages and doesn’t deter 收 容花費高,造成權益損害,更無法達成嚇阻效 果 www.idcoalition.org 2
  3. 3. www.idcoalition.org Alternatives to immigration detention 移民移工收容的替代措施 International developments 國際發展 1. Detention costly, damages and doesn’t deter 收容 花費高,造成權益損害,更無法達成嚇阻效果 2. Increasing shift from detention as a first resort, to detention as a last resort 收容逐漸 從首要措施,改變成為最後手段 www.idcoalition.org 3
  4. 4. www.idcoalition.org Alternatives to immigration detention International developments 國際發展 2. Alternatives to Detention (ATD) increasingly on international agenda and nationally implemented 替代收容逐漸成為國際議題並在各國國內被施 行 3. ATDs are cheaper and more humane than detention and can be effective in meeting government requirements of compliance and co- operation. 替代收容比收容更人性化,更有效 ” ” ” ”解決政府對於 遵從率 及 合作 的需求 www.idcoalition.org 4
  5. 5. www.idcoalition.org Alternatives to immigration detention 替代收容 Definition: 定義 Any legislation, policy or practice that allows for asylum seekers, refugees and migrants to reside in the community with freedom of movement while their migration status is being resolved. 允許尋求庇護者,難民及移民移工被安置在社區中, 可以自由行動,直到他們的狀態被確認並處理完 的任何立法,政策或措施 www.idcoalition.org 5
  6. 6. www.idcoalition.org Alternatives to immigration detention International trends 1. ATD increasingly on international agenda and nationally implemented 2. Increasing shift from detention as a first resort, to detention as a last resort www.idcoalition.org 6
  7. 7. www.idcoalition.org Alternatives to immigration detention International research findings 國際研究發現 1. Release provisions 釋放規定 2. Community models 社區模式 3. Conditional release 有條件釋放 www.idcoalition.org 7
  8. 8. www.idcoalition.org 1. Release provisions 釋放規定 • Procedural safeguards (judicial review, court order, parole, time limits etc) 程序保障 : 法 院審查或命令,保釋,時間限制 • Administrative and discretionary release provisions 行政裁量 • Registration and documentation 登記及記 錄 • Vulnerable group release 釋放弱勢族群 • Own recognizance 自我具保 • Guarantors 保證人 • Regularization • Adhoc Church shelter on the South African/Zimbabwean border 8
  9. 9. www.idcoalition.org 2. Community models: 社區模式 • Open reception centre 開放接待中心 • Ethnic community 族群社區 • Shelters 庇護所 • Family/community group/faith based organisation/NGO 家庭 / 社區團體 / 宗 教團體 / 非政府組織 • Case management programs 個案管理 ATD housing project for families in Brussels, Belgium 9
  10. 10. www.idcoalition.org 3. Conditional release: • Individual undertakings 個人承諾 – requirements on an individual to comply and cooperate • Monitoring 監督– Mechanisms such as reporting, registration or nominated address • Supervision 督導– Mechanisms such as interaction and evaluation of individual cases • Negative consequences for non- compliance 不遵從的負面結果– such as bail, bond and surety arrangements • Intensive case resolution 密集個案管理– Involves coordination and case management and return programs 10
  11. 11. www.idcoalition.org 11
  12. 12. www.idcoalition.org Alternatives to immigration detention How were these implemented: • Legislative reform 修法 • Policy developments 政策發展 • Research 研究 • Working groups 工作小組 • Pilots and programs 試點計畫 12
  13. 13. www.idcoalition.org Developing alternatives International examples: USA – Community sponsor release program: 13
  14. 14. www.idcoalition.org Developing alternatives International examples: USA – Community sponsor release program: •Detention reform process including working group and research – 2008 US Department of Homeland Security/NGO Working Group 14
  15. 15. www.idcoalition.org Developing alternatives International examples: USA – Community sponsor release program: •Detention reform process including working group and research – 2008 •Development of risk assessment tool – 2011 US Department of Homeland Security/NGO Working Group 15
  16. 16. www.idcoalition.org Developing alternatives International examples: USA – Community sponsor release program: •Detention reform process including working group and research – 2008 •Development of risk assessment tool – 2011 •Community sponsor release program between ICE and LIRS - 2013 •Exploration of case management and alternatives for vulnerable groups - Ongoing US Department of Homeland Security/NGO Working Group 16
  17. 17. www.idcoalition.org Most successful programs: 1.Individuals are informed and feel they have been through a fair process 2.Focus on early intervention, holistic case resolution, exploring all legal options for individuals, not just a focus on return 3.Ensure conditions/requirements are not overly onerous setting up people to fail 4.Include: Case management, housing, legal & welfare supports
  18. 18. www.idcoalition.org Most successful programs: 5.Identify key performance indicators: E.g cost, compliance and wellbeing 6.Utlise pilots and working groups to research, test and explore implementation of ATDs, and better understand the target population and local context. 7.No one mechanism for all contexts
  19. 19. www.idcoalition.org International research Two key findings: 1) Mechanisms which prevent unnecessary detention ” ”機制以避免 非必要的收容 2) Strategies for effective and humane case resolution in the community 社區有効及人性的 個案解決策略 www.idcoalition.org 19
  20. 20. www.idcoalition.org 20
  21. 21. www.idcoalition.org 21
  22. 22. www.idcoalition.org Presumption against detention Ensuring a presumption against detention, and detention as a last resort in law and there is a legal mandate for alternatives in law, including: • Certain vulnerable groups are not detained • Grounds for detention as a last resort and limitations on detention are clearly outlined in law • Procedures to direct officers to assess, explore and implement liberty and community-based alternatives in the first instance Step 1
  23. 23. www.idcoalition.org Screening & Assessment States with screening and assessment processes are better placed to make informed decisions on the need to detain, not detain or conditional release, and under what circumstances. 23
  24. 24. www.idcoalition.org Individual Assessment 24
  25. 25. www.idcoalition.org Individual Assessment 25
  26. 26. www.idcoalition.org Legal Obligations Assessing the legal basis to detain: – Whether alternatives are required or have been explored – Groups that should not be detained – If other legal grounds for stay in a country have been met, i.e. status or visa decisions – Time limits pertaining to a person’s detention 26
  27. 27. www.idcoalition.org Identity, Health and Security checks • Health checks on arrival • Identity - Release of individuals cooperating with establishing identity or awaiting decision; sworn affidavits of identity. • Security – Streamlined and reviewable checks related to national security and public order; release of individuals assisting and complying with security check process, avoiding prolonged detention. 27
  28. 28. www.idcoalition.org
  29. 29. www.idcoalition.org 29
  30. 30. www.idcoalition.org Individual case factors Relevant in assessing risk of absconding: – Stage in the migration process – Intended destination – Community ties – Belief in the process – Character 30
  31. 31. www.idcoalition.org Ensuring compliance Asylum seekers and irregular migrants are a low risk to abscond if they are awaiting a decision on their case. They are better able to comply and cooperate in the community if they: – Are able to meet their basic needs – Have been through a fair and informed process – Are supported to achieve sustainable long-term solutions while awaiting a decision on their case. – In transit contexts, individuals appear less likely to abscond, if they are not at risk of detention and refoulement, and remain hopeful of future prospects.
  32. 32. www.idcoalition.org Community Assessment Assessing the community setting assists in determining factors that support or undermine a person’s ability to comply with liberty and release conditions: • Ability to meet basic needs • Documentation • Legal advice and interpretation • Case management 32
  33. 33. www.idcoalition.org • Case management is a strategy for supporting and managing individuals whilst their status is being resolved, with a focus on informed decision-making, timely and fair status resolution, exploring all options and improved coping mechanisms and well-being on the part of individuals. • Focus on welfare, psychosocial needs and all immigration outcomes • Preparing, supporting and empowering individuals throughout their immigration process • Improves cooperation and compliance with immigration requirements 33
  34. 34. www.idcoalition.org Conditional Release • Individual undertakings • Monitoring • Supervision • Negative consequences for non-compliance • Intensive case resolution 34 Step 4
  35. 35. www.idcoalition.org Intensive Case Resolution Case management strategies for cases facing return: • Identify barriers to departure • Stabilize health and assist individuals cope and have trust in the process • Assist individuals explore a long-term sustainable solution, such as: – Exploring legal options to remain – Reassessment of new case information – Exploring third country options and relocation to other areas in country of origin – Exploring repatriation support needs
  36. 36. www.idcoalition.org Intensive Case Resolution Return preparation programs Examples include: • Return preparation counseling • Legal advice on options to remain or return lawfully • Health and welfare assistance • Case management assistance • Travel and repatriation assistance (AVR)
  37. 37. www.idcoalition.org Detention as a last resort • Grounds for detention in law • Avenues for release • Length of time • Judicial review/legal advice • Standards/Conditions/Monitoring
  38. 38. www.idcoalition.org Benefits • High rates of compliance • Cheaper than detention • Reduce wrongful detention and litigation • Reduce overcrowding and long-term detention • Protect and fulfill human rights • Increase voluntary departure rates for refused cases • Improve integration outcomes for approved cases • Improve health and well being 38
  39. 39. www.idcoalition.org Benefits • Alternatives cost less than detention 80% average saving, averaging $100 a day For example: A cost saving of 93% was noted in Canada, and 69% in Australia, on alternatives to detention compared to detention costs. 39
  40. 40. www.idcoalition.org Benefits • Alternatives maintain high rates of compliance and appearance 90% average compliance rates A recent study collating evidence from 13 programs found compliance rates ranged between 80% and 99.9%. 40
  41. 41. www.idcoalition.org Benefits • Alternatives increase independent departure and voluntary return rates for refused cases 替代收容增加 了被駁回的個案自願離境及自願回國的比率 65% average – up to 82% reported 平均 65% 增加到 82% Examples in Canada, Australia and the US of both refused asylum seekers and irregular migrants had return rates of between 60% and 69%, while Sweden reported an 82% rate of return from the community among refused asylum seekers. 加拿大,澳洲,美國那些被拒絕的尋求庇護者及非 正規移民回國比率在 60-69% 間,瑞士以社區安置 那些被駁回的尋求庇護者回國比率高達 82% 41
  42. 42. www.idcoalition.org Key message By assessing the individual and community context and applying conditions in the community if required, governments can make informed decisions on individual placement, management and support requirements. 評估個人及社區,若需要可以在社區 中,設置條件,政府可被告知並決定個人的安置, 管理和支援 These mechanisms reduce the financial and human cost of immigration detention. while meeting government and community expectations. 這些機制將減少政府花 在移民收容措施所需要財務及人力的資源,又能符 合政府及社群的期待 42
  43. 43. www.idcoalition.org More information www.idcoalition.org/cap
  44. 44. www.idcoalition.org Developing alternatives International examples: • Belgium and Japan – Using CAP as a basis for exploration of current system and release of vulnerable groups on provisional stay. Key steps: • Presume detention is not necessary • Analyse current system • Assess the detention population (individual) • Explore community options • Apply conditions if required • Pilot, develop and expand alternatives in policy and law. 44
  45. 45. www.idcoalition.org Developing alternatives International examples: • Australia – Community Care Pilot – An early intervention model of community-based welfare support legal advice and counseling for asylum seekers. • Aim – Assist asylum seekers and irregular migrants through their immigration pathway to be better prepared and supported if they receive a visa or are required to depart the country • Outcomes – 1,000 people in 2 years. Of those refused, more than 60% voluntarily departed, and less than 3% absconded. 69% cheaper and improved welfare of asylum seekers and positive collaboration between the Government and community sector 45
  46. 46. www.idcoalition.org Developing alternatives International examples: (non-European) • Canada – Alternative policy and program developed between government and a lead agency Benefits of collaboration: • Improves trust in the process • Increased compliance and wellbeing outcomes • Increased transparency • Prevention and rapid response • Assistance with complex cases • Transitional support including release, integration and repatriation assistance etc. 46
  47. 47. www.idcoalition.org • Identifying a target population to test alternatives to detention • Collaboration of key stakeholders (including government and civil society) to develop, implement and monitor • Identifying key performance indicators: E.g cost, compliance and wellbeing. • Ensuring research and independent evaluation • Shared interest of all stakeholders in seeing the pilot be a success • Ensuring essential elements: Case management, shelter, welfare and legal support 47

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