Transcript Document

Alternatives to detention
and their practical implementation
Introducing the CAP model
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Alternatives to immigration
detention
• International trends
• International research findings
• Benefits of alternative models for government,
community and individual
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Key findings
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Detention harms health and wellbeing
Detention interferes with human rights
Detention doesn’t deter
There are alternatives to detention
They are cheaper and more humane than
detention
• They can be effective in meeting government
requirements of compliance and co-operation.
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Alternatives in practice
1. Release provisions
2. Community models
3. Conditional release
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Alternatives in practice
1. Release provisions
• Procedural safeguards (judicial
review, court order, parole, time limits
etc)
• Administrative and discretionary
release provisions
• Registration and documentation
• Vulnerable group release
• Own recognizance
• Guarantors
• Regularization
• Adhoc
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Alternatives in practice
2. Community models:
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Open reception centre
Ethnic community
Shelters
Family/community group/faith based
organisation/NGO
• Case management programs
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Alternatives in practice
3. Conditional release:
• Individual undertakings – requirements on an
individual to comply and cooperate
• Monitoring – Mechanisms such as reporting,
registration or nominated address
• Supervision – Mechanisms such as interaction
and evaluation of individual cases
• Intensive case resolution – Involves
coordination and case management and
return programs
• Negative consequences for non-compliance –
such as bail, bond and surety arrangements
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International research
Two key findings:
1)
2)
Mechanisms which prevent unnecessary
detention
Strategies for effective and humane case
resolution in the community
The CAP model assists governments:
• Assess their current detention policy and explore
the implementation of alternatives
• Make informed decisions on individual placement,
support and management requirements
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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
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Screening & Assessment
Irregular migrants are often treated as posing
similar risks.
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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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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Individual case factors
Relevant in assessing risk of absconding:
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Stage in the migration process
Intended destination
Community ties
Belief in the process
Character
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Vulnerability Assessment
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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
• A way of working with refugees, asylum seekers
and migrants in the community
• Focus on welfare, psychosocial needs and all
immigration outcomes
• Preparing, supporting and empowering
individuals throughout their immigration process
• Improves compliance with immigration
requirements
Partnership
between civil
society
organisations
and government
is critical
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Conditional Release
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Individual undertakings
Monitoring
Supervision
Negative consequences for non-compliance
Intensive case resolution
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Conditional Release
Intensive case resolution
 Case management for complex cases
 Return preparation programs with case
management and legal support
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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
• Travel and repatriation assistance (AVR)
• Case management assistance
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Intensive Case Resolution
Case management strategies for cases facing
return:
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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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Benefits of alternatives
to immigration detention
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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.
Alternatives themselves mitigate risk of absconding
(e.g. legal advice, case management etc.)
individuals 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.
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Benefits
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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
65% average – up to 82% reported
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.
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Key message
The CAP model assists governments:
• Assess their current detention policy and explore
the implementation of alternatives
• Make informed decisions on individual placement,
support and management requirements
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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.
These mechanisms reduce the financial and
human cost of immigration detention. while
meeting government and community expectations.
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Thank you
For more information
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– Follow us on Twitterwww.twitter.com/idcmonitor
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Essential components:
Housing,
health
and
welfare
Case
management
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Key
components
Civil
society
involvement
Legal
advice
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