how long do asylum seekers stay in detention centres

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). These are set to open in spring 2018. . The remaining AIDA countries have different intervals in which the detention order is reviewed as shown in the table below: In Bulgaria, the law no longer provides for automatic judicial review of detention orders, following the abolition of judicial review upon prolongation of detention as part of a legislative amendment that entered into force in December 2017. Similar problems are reported in Aydın, Hatay, Adana, Mersin, and Erzurum. 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. 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". In the United Kingdom, detention centres provide legal surgeries run by legal aid providers who have exclusive contracts with the Legal Aid Agency to do immigration and asylum work in IRC. Detention of children in the Netherlands is only possible when there are doubts about the minority of the child, or if the minor is suspected of or convicted for committing a crime. In Serbia, there are legal provisions on the detention of vulnerable applicants, but this never happens in practice. Article 8 of the Directive requires Member States to lay down the grounds for detention in their national law, as well as the possible alternatives for detention. Access to detention facilities: in Spain, several obstacles faced by lawyers and interpreters to access the CIE have been reported which hinder access of detainees to legal assistance. The situation of access to detention facilities became highly problematic in Hungary in 2017, as in October the authorities terminated cooperation agreements with the Hungarian Helsinki Committee and denied access to police detention, prisons and immigration detention after two decades of cooperation and over 2,000 visits. This view is shared by UNHCR. Another major practical barrier to asylum seekers’ communication with NGOs is that they do not have access to free telephone calls. In Spain, a contract was signed in 2015 between the Red Cross and the Ministry of Interior for the provision of services of social assistance inside the centres. In 2017, practice improved and unaccompanied children are no longer detained in Removal Centres but are transferred to facilities of the Ministry for Family and Social Services. It is now home to four refugees and 109 staff. He’s also instituting a policy of punishment for those that are here already," she said. 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. She said the government should increase asylum processing in the region and boost Australia's intake of refugees. In Sweden in in 2017, a total of 675 asylum seekers were placed under supervision as an alternative to detention, of which 79 were Afghans, 68 Iraqis and 32 Somalis. Following a Channel 4 TV programme exposing an abusive culture in Yarl’s Wood detention centre, detainees reported that access to the website for the NGO Habeas Corpus was blocked, as well as access to other sites. Article 8(4) recast Reception Conditions Directive. It remains very difficult for a detained asylum seeker to access the legal aid mechanism by him or herself, especially since the authorities do not provide information on the right to legal assistance in a language understood by the individual. It has been discovered that one asylum seeker, John Zulfiqar, has languished in detention for more than four years despite being declared a genuine refugee. "Children and their parents are being used as a form deterrence. 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. They were requested to report regularly at the police station, to reside at an assigned place and to deposit some of their documents. Article 8 of the recast Reception Conditions Directive sets out the grounds for detention of an asylum seeker. 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. Delays in getting an appointment at a legal surgery mean that in practice they may face removal before they can obtain an appointment. Beyond the Directive, the human right to liberty sets out applicable standards in relation to the lawfulness of detention during an asylum procedure. In Turkey, unaccompanied children should be excluded from detention and placed in suitable accommodation, but in the past such detention has been reported in practice. 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). Sweden, Switzerland, Serbia, the United Kingdom and Ireland detain people in prisons. In practice, AIDA countries have introduced different maximum time limits for detaining asylum seekers, while some use the maximum time limit of 18 months set out in the Return Directive: *In Bulgaria in 2017, the SAR started to conduct status determination procedures in pre-removal detention centres, in violation of the law. Detention Centres. The average time asylum seekers are detained is … In Croatia and Serbia in 2017, no alternatives to detention were applied. The information in this section is up-to-date as of the end of 2017. In Romania, IGI-DAI reported 55 asylum seekers subject to alternatives to detention in 2017, of which 21 under reporting duties and 34 under designated place of stay in one of the Regional Centres. Under Article 8(3) of the recast Reception Conditions Directive, an applicant can only be detained for six reasons: In order to determine or verify his or her identity or nationality; In order to determine those elements on which the application is based which could not be obtained in the absence of detention, in particular when there is a risk of absconding; In order to decide, in the context of a procedure, on the applicant’s right to enter the territory; When he or she is detained subject to a return procedure…when there are reasonable grounds to believe that he or she is making the application for international protection in order to delay or frustrate the enforcement of the return decision; When protection of national security or public order so requires; In accordance with the Dublin III Regulation, which permits detention in order to secure transfer procedures where there is a serious risk of absconding.

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