taiwan: alternatives to detention 2013

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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

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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

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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


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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


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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


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International trends 1. ATD increasingly on international

agenda and nationally implemented2. Increasing shift from detention as a first

resort, to detention as a last resort


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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


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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

Alternatives in practice

Church shelter on the South African/Zimbabwean border

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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

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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


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Models and Responsibilities

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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

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Developing alternatives International examples:

USA – Community sponsor release program:

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USA – Community sponsor release program:•Detention reform process including working group and research – 2008

US Department of Homeland Security/NGO Working Group

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USA – Community sponsor release program:•Detention reform process including working group and research – 2008 •Development of risk assessment tool – 2011


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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


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Lessons learned

Most successful programs:

1.Individuals are informed and feel they have been through a fair process2.Focus on early intervention, holistic case resolution, exploring all legal options for individuals, not just a focus on return3.Ensure conditions/requirements are not overly onerous setting up people to fail4.Include: Case management, housing, legal & welfare supports

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Lessons learned

Most successful programs:

5.Identify key performance indicators: E.g cost, compliance and wellbeing6.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

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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


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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

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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.

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Individual Assessment

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Individual Assessment

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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

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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.

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Understanding the

Detention Population


Understanding the

Detention

Population

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Individual case factors

Relevant in assessing risk of absconding:

– Stage in the migration process– Intended destination– Community ties– Belief in the process– Character

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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.

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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

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Case management model

• 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

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Conditional Release

• Individual undertakings• Monitoring• Supervision• Negative consequences for non-

compliance• Intensive case resolution

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Step 4

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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

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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)

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Detention as a last resort

• Grounds for detention in law • Avenues for release• Length of time • Judicial review/legal advice • Standards/Conditions/Monitoring

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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

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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.

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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%.

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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%

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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

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More information

www.idcoalition.org/cap

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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.

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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

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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.

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Key pilot models elements

• 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

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taiwan: alternatives to detention 2013

Technology