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  • Peru offers work and study permit to Venezuelan asylum seekers
  • Peru
  • An erosion of Venezuela’s socio-political stability coupled with a rise in State repression – and further exacerbated by shortages of food and medicine – has left Venezuelans seeking safety and security in neighbouring countries. Peru’s introduction of a new work and study permit for Venezuelan asylum seekers has been hailed by the Inter-American Commission on Human Rights as ‘an example for the region of how States can protect migrants who are in a vulnerable situation by regularising migration’. The Permiso Temporal de Permanencia (PTP) is a work and study permit provided exclusively to Venezuelan citizens for a period of one year, with the possibility of renewal. Over 10,000 Venezuelans have been approved for the new program, assuring them freedom of movement, personal liberty and self-reliance. While it is important that Peru continue to assess Venezuelan asylum-seeker claims and apply formal protection instruments under the Cartagena Declaration, the PTP represents a successful and positive alternative to detention.
  • Policy
  • Minimum Standards
  • Formal status and documentation
  • Asylum seekers
  • All
  • Shelters for asylum seekers and migrants in Mexico
  • Mexico
  • Mexico is a transit country for people migrating to the United States, and has also become an important destination country for many fleeing violence in Central America and elsewhere. In recent years, migration routes through Mexico have become more dangerous due to a rise restrictive policies that put people at greater risk, pushing them into the hands of criminal organizations, human smugglers, and drug traffickers. A network of humanitarian aid organisations have emerged to operate numerous shelters, providing an alternative to immigration detention described as an ‘oasis’ along the dangerous migration routes in Mexico. La 72 is one such shelter operating in the region. La 72 is supported by Doctors without Borders, Asylum Access, the Red Cross, the UNHCR and various Mexican NGOs, and provides legal counsel and representation for those seeking asylum. There are now over 85 organisations like La 72 offering food, shelter, safety, and a ‘humanitarian space’ where migrants can feel dignified and supported. The shelters serve as alternatives to detention, ensuring the right to freedom of movement.
  • Practice
  • Placement Options
  • Community without conditions
  • Asylum seekers
  • All
  • Transit
  • Bail for detainees in Malta
  • Malta
  • Immigration detainees may request bail within the context of appeal proceedings before the Immigration Appeals Board (Immigration Act, article 25(a)(6)). Civil society organizations have reported that the Board’s decision is usually not based on the necessity or even the legality of detention but rather on whether the person concerned has accommodation and means to sustain himself, and can provide sufficient financial guarantees to comply with the conditions of bail.

    The failure to apply non-custodial measures with respect to an immigration detainee in the Massoud case was one of the reasons that led the European Court of Human Right to conclude that Malta violated the applicant’s right to liberty. The court found it “hard to conceive that in a small island like Malta, where escape by sea without endangering one's life is unlikely and fleeing by air is subject to strict control, the authorities could not have had at their disposal measures other than the applicant's protracted detention to secure an eventual removal in the absence of any immediate prospect of his expulsion.”[56]
  • Practice
  • Placement Options
  • Community with conditions
  • Immigration detainees
  • All
  • Transit
  • Legal status registration programme for undocumented people in Pakistan
  • Pakistan
  • A new pilot project in Pakistan to register undocumented Afghan refugees – who up to now have been without identity papers and living in fear of being arrested or deported – would allow up to one million people to have legal status, the United Nations refugee said. ... The six-month registration programme started yesterday in the capital Islamabad and Peshwar, in the north-west, which hosts the largest number of undocumented Afghans. The programme is expected to be rolled out throughout the country starting on 16 August. Afghans registered under the new scheme receive Afghan Citizen cards, which allow them to legally stay in Pakistan until the Government of Afghanistan can issue them passports and other documents, and provides protections under Pakistani law. The registration project comes after three years of consultations between the Governments, and is part of Pakistan's Comprehensive Policy on the Repatriation and Management of Afghans, which was endorsed by its cabinet in February this year. “I am feeling confident that I will have at least some sort of identity while in Pakistan,” Mohammad Rehman, who was born and raised in Pakistan to Afghan parents, told UNHCR. “If the police arrest me now, at least I will be released without much trouble.”
  • Practice
  • Minimum Standards
  • Formal status and documentation
  • Refugees
  • All
  • Transit
  • Housing and basic care for families in Austria
  • Austria
  • Since October 2011, a facility in Zinnergasse in the outskirts of Vienna serves as a non-secure facility to house people benefitting from a non-custodial measure. It accommodates up to 17 families (or 50 persons) in family apartments. In 2013, 154 people were housed in this facility, including 75 families. Non-citizens accommodated in this facility can leave at will, but they must notify officers. There are always two police officers in residence. The facility is jointly operated by the police and the association Menschen.Leben. The association’s team is present during the day and is in charge of admission to the facility, daily care, food distribution, crisis intervention, interpretation, and conflict prevention (see GDP Profile for Austria, accessed 29 March 2015). Note that Zinnergasse also operates as a secure facility and the detention unit is used to detain both families and unaccompanied minors under the age of 16 for up to seven days.
  • Practice
  • Placement Options
  • Community with conditions
  • Migrants
  • All
  • Restrictive migration policy in Argentina
  • Argentina
  • On January 30, 2017, Argentina’s president Maruicio Macri announced an urgent decree (Decreto de Necesidad y Urgencia 70/2017) that modifies the country’s current immigration law, replacing it with a more restrictive migration policy that represents a concerning step backward in terms of international and regional human rights commitments. This change comes as part of more restrictive migration policy and practice observed generally in Argentina, including increased operations to seek out and arrest irregular migrants, along with the creation of a new immigration detention center in 2016, the first in the country. Among other changes, Decree 70/2017 increases maximum time limits for immigration detention from 30 to 60 days and establishes indefinite detention for anyone who legally challenges a removal order. The decree allows for persons to be detained at the beginning of the immigration, even before a removal order is issued, and no longer considers family reunification as criteria for limiting unnecessary detention. The result is that immigration detention in Argentina is no longer the exception, as required by international human rights law. These new regulations also seriously limit access to justice and due process, allowing for a limited three days to challenge a removal order, and only three days more to appeal an initial decision on this order. Additionally, these measures are only available to those who are able to gain access to legal representation.
  • Law
  • Liberty
  • Establish a presumption of liberty
  • Migrants
  • All
  • UK regulations assessing individual risk of absconding
  • United Kingdom
  • In response to a decision in the Court of Justice of the European Union (CJEU) relating to a case in Czech Republic, the United Kingdom introduced "The Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017". The case relates to an Iraqi male and his two minor children who were detained by the Czech police in May 2015 pending their transfer to Hungary pursuant to the Dublin Regulation and Article 129(1) of the Czech Aliens Act. The court held that the Czech legislation contained no objective criteria defining “risk of absconding” as required by Article 2 (n) of the Dublin Regulation. Therefore, the legislation under Article 28 of the Dublin Regulation was not applicable in the Czech Republic, and the decision to detain the applicants was unlawful. The court referred in its reasoning to similar judgments of the German and Austrian highest courts.
  • Law
  • Screening & Assessment
  • Individual case factors
  • Migrants
  • All
  • Work permit program for refugees in Jordan
  • Jordan
  • In January 2016 at Davos, the forum for global business, Queen Rania of Jordan acclimatised CEOs to the idea that corporate social responsibility to refugees did not mean diverting some profits into sending blankets; rather, it meant putting their core skills to use by integrating them into global supply chains. In the context of emerging business interest in solutions to the refugee crisis, a range of manufacturing company CEOs began to take notice. The formal launch of the pilot project came as part of the London conference on Syrian refugees on 4 February 2016. The basic deal on the table – called the Jordan Compact – was that Jordan would receive around $2bn (£1.6bn) in assistance and investment. In exchange, it would offer up to 200,000 work permits to Syrians. One of the main vehicles for this would be through a series of five new Special Economic Zones, in which refugees would be employed alongside Jordanian nationals, partly building upon existing development areas.
  • Policy
  • Minimum Standards
  • Basic needs
  • Refugees
  • All
  • Transit
  • Trainee program for migrants in South Korea
  • Korea
  • Republic of (South Korea)
  • Until 2003, South Korea had no official provisions for the entry of temporary low-skilled foreign labor. Instead South Korea used its industrial trainee scheme which was originally intended to upgrade the skills of foreign workers employed abroad by overseas South Korean firms. In 2002, the government increased the number of industrial trainees under the foreign trainee program by 20,000, to 145,000. ... The presence of unauthorized foreign workers eventually caught the government's attention, and, in June 2002, it recognized the need to give temporary legal status to low-skilled foreign laborers for the first time. This initiative, known as the Employment Management System, was limited to temporary foreign workers in the service sector with Korean ancestors (mainly Chinese Koreans). Due to the program’s limited scope (in 2002, it issued 156 worker visas), it did not significantly decrease the number of unauthorized workers. In July 2003, the government introduced the Employment Permit System (EPS), a guestworker scheme, and the following year the Employment Management System and the EPS were made to operate side-by-side, with the government examining the number of workers in one when considering how many to admit into the other. ... When EPS was introduced, it gave many unauthorized foreign workers the opportunity to apply for a permit, depending on how long they had been in the country illegally. At the same time, unauthorized migrants who did not qualify for a permit were given a chance to leave the country without paying any fines. Foreign workers who had been in Korea for less than three years as of March 31, 2003 were able to stay for an additional two years at most. Those present for three to four years could leave Korea with an advance approval certificate to re-enter, and if they did so within three months of their departure, they could work for a maximum of five years, including their illegal stay in Korea. Those illegally present in Korea for more than four years were required to leave Korea or face deportation. This amnesty boosted the authorized foreign worker population by 57.2 percent—from 320,558 at the end of 2002 to 504,038 one year later.
  • Policy
  • Case Management
  • Case resolution
  • Undocumented or irregular migrants
  • All
  • Assistance to seriously ill migrants in Mexico and Honduras
  • Honduras
  • Mexico
  • The International Committee of the Red Cross (ICRC), in collaboration with the Mexican and Central American National Societies, provides free assistance to migrants (in transit or returned) who have suffered major illnesses or injuries during their journey (including amputations, spinal cord injuries, etc.). They offer the following services: (1) donation of prostheses (before physical rehabilitation), (2) osteosynthesis materials, wheelchairs and crutches, (3) ambulance transfers, (4) referral to rehabilitation and medical care centres in Mexico and Central America, and (5) reestablishment of family links when necessary.

    In Honduras, the National Committee to Support Returning Migrants with Disabilities (CONAMIREDIS), with technical and financial support from the ICRC, works directly with returning migrants who have disabilities. It offers: (1) psychological assistance through support groups of people with similar experiences; (2) access to training and vocational education (e.g., how to design a business plan); and (3) seed capital to implement business plans through an agreement with the Chamber of Commerce. (Approximately 40 businesses plans were financed in 2015.) In addition, CONAMIREDIS performs conferences and lectures in schools and other institutions to share its experience of migration and raise awareness of the risks associated with trying to enter the United States irregularly. The ICRC supports CONAMIREDIS with both technical and financial support.
  • Practice
  • Minimum Standards
  • Basic needs
  • Returnees / Deportees
  • All
  • Transit
  • Ensuring that detention is only used when necessary in Brazil
  • Brazil
  • In Brazil, the presumption of liberty is reflected in the law by the fact that detention is only permissible as an exceptional measure when necessary in order to execute deportation. (Art. 61 and 73 of the Immigration Law). Persons already in the country: Instead of detaining, the first measure of response to an immigration infraction is to issue the migrant a fine and order him/her to leave the country or regularize their status within a certain period of time. This does not apply to persons seeking asylum or those who have the possibility of regularizing their immigration status through one of the country’s existing amnesty programs. The order to leave the country is noted in the migrant's identity document, or in its absence, is included in a statement issued by authorities (Art. 57 and 127 of the Immigration Law). A person is able to leave Brazil without be required to pay the fine. However, they will not be allowed to re-enter legally without paying. The time limit given applies both to payment of the fine and leaving the country. Those who do not leave the country within the allotted time limit, enter into deportation proceedings. Persons who face deportation may be detained for up to 60 days, if deemed necessary in order to execute removal, with possible extension of up to 120 days. However, actual detention rarely occurs in practice unless the migrant has committed a crime (Art. 61 of the Immigration Law)
  • Law
  • Liberty
  • Only permit detention when alternatives cannot be applied
  • Returnees / Deportees
  • All
  • Legal aid for people in immigration detention in the United States
  • United States of America
  • The Florence Immigrant and Refugee Rights Project, Arizona. Since 1989, this nongovernmental agency has been permitted entry to immigration detention facilities (Florence INS Service Processing Center) to give daily legal rights presentations to between 20-40 detainees at a time prior to their first hearing before an Immigration Judge. The presentations assist detainees in evaluating whether to go forward with their case, increasing the efficiency of the immigration court process and reducing the overall costs of detention. The group orientations are followed by individual interviews with those who request them. The Project also provides instructions for writing supporting/bond letters for parole hearings and directly represents a portion of those applicants at their bond hearings. In 1998, based on the success of the Florence Project, the US government (administered via EOIR) funded legal orientation projects in three different sites, with three different agencies, for three months each. The Department of Justice’s findings from these pilot projects were that providing such rights information to immigration detainees made the immigration proceedings more efficient and reduced overall bed days in detention by 4.2 days per detainee. Such legal orientations have now been funded nationwide. At an estimated cost of detention of $65.61 per day, such orientations should lead to a $12.8 million saving. If the legal orientations cost $2.8 million, the government will still save $10 million
  • Practice
  • Minimum Standards
  • Legal advice and interpretation
  • Migrants
  • All
  • NGO program to support released detainees in the United States of America
  • United States of America
  • CIVIC is national convener of a network of groups providing support to people released from detention. Some of these programs have official partnerships with ICE to run alternative accompaniment programs and others operate post-release accompaniment programs.

    What is a CIVIC Alternative Accompaniment Program (CAAP)?
    CAAP are community-initiated alternative to detention programs run by community groups or nonprofits in a similar manner to the federal Refugee Resettlement Program. Instead of being detained, immigrants are allowed to remain living with family. If they are recent asylum seekers without family, then they are housed with volunteers or in group homes while the courts process their immigration cases. An “alternative accompaniment program” does not include ankle monitors and demonstrates that people nationwide can build effective and humane pathways away from our punitive immigration detention system. CIVIC coined the term “alternative accompaniment” after private prison corporations hijacked the term “alternative to detention.”

    Are there examples of alternative accompaniment programs?
    CIVIC’s Post Release Accompaniment Program (PRAP) is a community-initiated alternative accompaniment program. PRAP provides immigrants who would otherwise be detained with the ability to fight their case from the outside. PRAP assists in helping immigrants obtain release on parole, for example, and provides them with housing, connections to attorneys, transportation to immigration court, and limited financial support. Over the last year and a half, volunteers have secured the safe release of approximately 300 asylum seekers, and CIVIC is now expanding on the scope of its demonstration model by engaging local and federal governments in supporting a community-based alternative to detention that replaces immigration detention beds with holistic community support for all immigrants, eventually capping (and then eliminating) the number of people in immigration detention. With careful data tracking, CIVIC is proving that this new model is less expensive than immigration detention, and also leads to more successful outcomes. [reviews Vera stats] In 2013, Lutheran Immigration and Refugee Services (LIRS) and U.S. Conference of Catholic Bishops both signed Memorandum of Understanding with Immigration and Customs Enforcement (ICE) to administer self-funded community-based alternatives to detention pilot programs. LIRS administered its program in New York/Newark area and in San Antonio. USCCB administered its program in Baton Rouge and Boston.
  • Practice
  • Placement Options
  • Community with conditions
  • Immigration detainees
  • All
  • Placement options
  • Egypt
  • Kenya
  • Libya
  • Tanzania
  • United Republic of
  • Zambia
  • Four out of six countries have legislation that permits certain migrants, including refugees and asylum seekers, to reside in the community as an alternative to immigration detention. For example, Zambia’s Immigration Act provides for bail [Section 57) or report orders [Section 14]. Egyptian law allows for directed residence pending deportation, and South African law states that children and pregnant women must be held in appropriate and open shelters. Five out of six countries provided further examples of positive practices. Emergency housing and shelters for vulnerable migrants, asylum seekers and refugees – run by civil society organisations, government agencies, or both in partnership – are in use in Egypt, Kenya, and Zambia. In Kenya, asylum seekers are removed from detention and escorted to refugee camps pending the determination of their claim. In Egypt, Libya and Tanzania, there is evidence of good practice that is not prompted by law. It was reported that asylum seekers arriving in Egypt who are awaiting refugee status determination (RSD) by UNHCR, are not arrested when they approach immigration authorities. However, there is no Egyptian law authorising the residence of migrants and asylum seekers pending RSD. By conducting intake screening that looks not only at the vulnerabilities but also strengths of individuals, some detention centre managers in Libya have created innovative release-to-work programmes whereby migrants are issued ID cards and released under the protection of an employer, whose treatment of the migrants is regularly reviewed. Finally, despite law prohibiting refugees and asylum seekers from traveling more than four kilometres from camps in Tanzania without permits, the Ministry of Home Affairs issues exit permits to refugees who have a credible reason for exiting. Refugees arrested outside camps without permits are usually sentenced to community service rather than imprisonment, fines, and deportation – as was previously the case.
  • Law
  • Placement Options
  • Community with conditions
  • Migrants
  • All
  • Transit
  • Sudan - screening refugees for trafficked persons, including those currently in detention
  • Sudan
  • The Commission for Refugees, however, reportedly screened new refugees for vulnerabilities to trafficking and referred an unknown number of victims to an international organization for care. Throughout 2015, the government allowed a local NGO access to detention facilities in eastern Sudan to screen for and identify trafficking victims among detainees, but it was unclear how many—if any—victims it identified. Security officials reported rescuing 1,296 foreign migrants during security operations, some of whom may have been trafficking victims and most of whom were likely smuggled or extorted for ransom. It was unclear if authorities referred any of these migrants to appropriate protective services. The government continued to arrest, detain, prosecute, or deport trafficking victims among vulnerable populations for unlawful acts committed as a direct result of being subjected to human trafficking, such as immigration violations.
  • Practice
  • Screening & Assessment
  • Vulnerability
  • Trafficked
  • All
  • Germany screening and referral by healthcare for trafficked persons
  • Germany
  • In Germany, identification by healthcare staff depends on the local/regional networks. In Germany, referrals are organised at Länder level, where in most cases, cooperation agreements between specialised counselling centres, police, federal level authorities (e.g. women affairs, social affairs) and other actors have been set up. Victims are referred to the counselling centres for support in legal and other issues. Asylum case officers are also instructed to inform a counselling centre in cases of trafficking, however, according to the experience of the counselling centres, this is not very often the case in practice. A majority of counselling centres for trafficking victims report a lack of regular access to reception and detention facilities, although their social workers often identify trafficking victims. They can reach potential victims only indirectly by offering training to the staff and volunteers working at the reception centres.
  • Practice
  • Screening & Assessment
  • Vulnerability
  • Trafficked
  • All
  • Sweden - civil society screening for trafficked persons and support for those identified
  • Sweden
  • More than 20 civil society organisations coordinate their work against human trafficking based on a common platform, ‘Sweden’s civil society against trafficking of human beings’ (Plattformen civila Sverige mot människohandel). Member organisations provide assistance in terms of identification, provision of information, accommodation, dialogue, legal counselling, interpretation, healthcare, education, employment and family contacts. As part of a pilot project initiated in 2015, the member organisations finance the 30-day reflection period, during which the victims may decide whether to cooperate with the police.
  • Practice
  • Screening & Assessment
  • Vulnerability
  • Trafficked
  • All
  • Voluntary return process in Finland
  • Finland
  • The Finnish Immigration Service and Helsinki Police have established a return transit center in the city of Vantaa, in the vicinity of the Helsinki-Vantaa airport. The center was established in February 2016 due to the high number of Iraqi asylum seekers willing to return home. These asylum seekers have either withdrawn their application, or have received a negative decision and are returning voluntarily to Iraq. The return is organized by police on charter flights to Baghdad. The returnees stay in Vantaa only a few days before departure. A visit to Iraqi Embassy can be organized during the stay if necessary for acquiring a travel document. These returnees do not take part in the Assisted Voluntary Return (AVR) -programme and do not receive any reintegration support in cash or in kind. Finland organizes only voluntary returns to Iraq. Additionally, Finland has two detention units, where asylum seekers or irregular migrants awaiting forced removal may be placed, one in the capital Helsinki and one in Joutseno, near the eastern border. The capacity of the centre in Vantaa is 90-100 persons. The capacity of the detention centre in Helsinki is 40 and that of Joutseno is 30. The Iraqi nationals staying in the Vantaa return transit centre are all ex-asylum seekers returning voluntarily home. They are not detained and they are free to move in and out of the centre. They receive the same services and benefits as all asylum seekers in Finnish reception centres, e.g. food, accommodation, reception allowance and necessary health care. The two detention centres in Helsinki and Joutseno are closed units that operate under Finnish legislation regarding the detention of foreigners. The centres offer food, accommodation and necessary health care. The return centre in Vantaa, as well as the detention centres, are managed by the Finnish Immigration Service. There are special facilities for vulnerable cases or families with minor children at Joutseno detention centre.
  • Practice
  • Case Management
  • Case resolution
  • Returnees / Deportees
  • All
  • Increasing legal pathways to protection in Brazil
  • Brazil
  • Safe, legal and dignified access to asylum: Brazil. In 2013, in response to the Syrian war, Brazil was the first country in the Americas to announce the start of a humanitarian visa programme: under the regulation, Brazilian embassies in Lebanon, Jordan and Turkey issued visas for Syrians and people of other nationalities affected by the Syrian conflict, allowing them to travel safely to Brazil and apply for asylum there. The programme, originally scheduled to last for two years, has recently been extended until 2017. By August 2015, 2,077 Syrians had been welcomed under this programme, making Syrians the largest group of refugees in the country. Asylum seekers have access to the health and education systems and are allowed to work while their applications are being considered. A similar visa mechanism is also available for Haitians; a programme more limited in numbers as the Brazilian embassy in Port-au-Prince only issues around 100 visas per month, even though the demand is higher. The humanitarian visa programme for Haitians was born out of a desire to undermine smuggling and trafficking rings, which are the cause of expensive and extremely dangerous irregular journeys to reach Brazil. The number of refugees hosted by Brazil is still relatively low, with around 8,000 recognisedrefugees as of 2015, the highest number on record for the country. It is also estimated that a much larger number of Syrians have entered the country without applying for asylum. The existing population in Brazil, of those with Syrian origin, numbers approximately three million, being a large community that helps in the integration of refugees. Humanitarian visas constitute one of the safe and legal channels that UNHCR and many NGOshave been calling for, especially in light of the current humanitarian crisis in Europe. The Brazilian example shows that this is not only possible, but also easily accomplishable. For further information: • UNHCR/ACNUR, Dados sobre refugio no Brasil, 2010-1014 (Portuguese); • EU Fundamental Rights Agency, Legal entry channels to the EU for persons in need of international protection: a toolbox, February 2015; ECRE, Revision of EU Visa Code offers opportunity to promote use of humanitarian visas for refugees, study says, 12 September 2014
  • Practice
  • Minimum Standards
  • Formal status and documentation
  • Refugees
  • All
  • Business-led refugee resettlement program
  • Australia
  • In September 2015, the Australian Government announced an additional one-off allocation of 12,000 resettlement places for Syrian and Iraqi refugees.125 This announcement inspired the Friendly Nation Initiative,
a business-led project which seeks to improve employment pathways for refugees resettled from overseas. The Initiative was developed by Tony Shepherd, former President of the Business Council of Australia, and Carla Wilshire, CEO of the Migration Council Australia. The Friendly Nation Initiative aims to help Syrian refugees and employment as quickly as possible after arrival. Businesses can support the Initiative in a range of ways: as ‘Corporate Mates’, through raising funds, hosting cultural awareness seminars and participating in corporate volunteering and mentoring programs; as ‘Corporate Mentors’, through offering industry mentoring, retraining or assistance with skills recognition, and donating services such as banking support and business planning; or as ‘Corporate Champions’, through providing employment training programs, sponsoring projects and programs to assist refugees to settle and develop skills, and recruiting other businesses to participate in the Initiative. The Friendly Nation Initiative has been met with an enthusiastic response from Australian businesses and industry groups. It has been supported by the Business Council of Australia, the Australian Industry Group and the Australian Chamber of Commerce and Industry, as well as major companies such as Wesfarmers, Woolworths and Harvey Norman.
  • Policy
  • Minimum Standards
  • Basic needs
  • Refugees
  • All
  • Employment initatives for asylum seekers in Germany
  • Germany
  • In response to record numbers of people arriving in Germany to seek asylum, several German businesses have implemented initiatives to assist new arrivals to find employment. Automotive corporation Daimler is offering ‘bridge internships’ for refugees and people seeking asylum. The 14-week program consists of a practical component in production operations and German language classes, where participants also practice job interviews and prepare job applications. Daimler reports that ‘nearly all 40 participants of the rst program will receive offers from temporary employment agencies for continued employment in [the] industry or in a particular trade or craft or will get a vocational training opportunity at Daimler’. Telecommunications company Deutsche Telekom offers three-month paid internships to refugees and people seeking asylum, in areas such as IT, project management, customer service, marketing and human resources. Participants are assigned a ‘buddy’ to support them throughout the internship. Steel manufacturer ThyssenKrupp is offering 150 apprenticeships, 230 internships and additional positions for skilled workers and graduates to refugees throughout Germany. The company has also called on the German Government to provide language courses for refugees to support their transition to the workplace. Engineering conglomerate Siemens has committed to a long term program for supporting refugees to nd employment in Germany, offering a paid internship program for people who are still in the process of seeking asylum and establishing special classes designed to ‘lay the foundation for a successful career start’, with a particular focus on German language skills and vocational preparation. Other businesses offering internships and other forms of employment support to refugees in Germany include the chemical giant BASF, auto parts and tyre supplier Continental, software company SAP SE and railway operator Deutsche Bahn.
  • Practice
  • Minimum Standards
  • Basic needs
  • Asylum seekers
  • All
  • Reducing Statelessness in Malaysia
  • Malaysia
  • Many Indian Tamils were brought from India to Malaysia as indentured labourers during the late 19th and early 20th centuries, when both countries were under British rule. Generations later, thousands of their descendants remain in Malaysia but are not considered citizens and lack identity documents, and are therefore barred from accessing a range of services and opportunities. In July 2014, Malaysian NGO Development of Human Resources for Rural Areas (DHRRA), with technical support from UNHCR, embarked on a mapping and registration project to identify the extent and underlying causes of statelessness amongst Indian Tamil communities in west Malaysia. To reach communities living in remote areas, mobile registration teams travelled from town to town to locate and register people who did not have identity documents. Data on stateless applicants was captured using a mobile app and uploaded to a secure central database. Those registered by DHRRA then received counselling and assistance from community-based paralegals to apply to Malaysia’s National Registration Department (NRD) for national identity documents. Some applicants who could not resolve their case at the NRD level received pro bono legal support to acquire or confirm their nationality through the courts. As a result of these efforts, as well as community awareness-raising and government interventions pursued since July 2014, the number of stateless people identified within this community reduced from an estimated 40,000 people at the commencement of the project to 11,534 people by June 2016. As of July 2016, 12,234 people had been registered by DHRRA, 70 per cent of whom had submitted applications for documentation to the NRD.212 The Office of the Prime Minister of Malaysia has invited relevant government agencies and DHRRA to establish a working group on statelessness to accelerate the processing of these applications.213 To date, a total of 700 people have acquired Malaysian citizenship through DHRRA’s legal aid and counselling services in west Malaysia.
  • Practice
  • Case Management
  • Case resolution
  • Stateless
  • All
  • Transit
  • Support for refugees in India
  • Australia
  • India
  • The Refugee Community Development Project was a community-led project based in New Delhi, India. Established in 2012, the Project was developed and managed by the Afghan and Somali refugee communities in New Delhi. The Project aimed to be ‘by refugees, for refugees’, utilising their skills and rst-hand knowledge to identify needs and service delivery gaps, and develop responsive solutions that were tailored to community needs. A key focus area for the Project was the empowerment of refugee women at risk, their families and other vulnerable groups. Seven women’s groups were established across four areas of New Delhi, providing a space for women to develop social and community connections and take part in exercise, recreational activities and skill development (such as cooking and tailoring classes). The groups provided important psychosocial support to women, with participants reporting that they felt less isolated, did not visit the doctor as often and felt more con dent to voice their opinions due to greater awareness of their rights. Education was another key focus of the Project, with 28 classes provided each week for hundreds of refugee women, youth and children. Classes were developed based on education priorities identified by the community, including adult literacy classes for women and language, culture and history classes for children. Literacy classes supported women to negotiate daily life in New Delhi (such as filling out forms at their children’s schools and speaking with doctors), while classes for young people aimed to foster a sense of belonging and community connectedness. Additional support was provided through a volunteer program, including outreach services (such as interpreting at hospitals in a medical emergency), information for newly-arrived refugees and referrals to other services. The program also provided volunteers with an opportunity to develop skills and gain work experience, enhancing future employment opportunities. The Project received funding from the Australian Government through the Displaced Persons Program, and was managed with the support of the Centre for Refugee Research at the University of New South Wales and Bosco New Delhi (an implementing partner of UNHCR). The program has now been discontinued due to lack of funding.
  • Practice
  • Minimum Standards
  • Basic needs
  • Refugees
  • All
  • Transit
  • Supported work experience
  • Australia
  • The National Australia Bank’s African-Australian Inclusion Program provides six months of paid, supported work experience to skilled African Australians (many of whom are from refugee backgrounds). The program was developed in response to feedback from the African-Australian community indicating that ‘lack of local experience in the Australian business sector was a significant barrier to employment’. Participants in the program receive an entry-level salary, receive cultural training and mentoring, are assigned a coach to assist them with career goals and obtain a professional reference at the end of their placement. More than 180 people have participated in the program since 2009, 86 per cent of whom have subsequently found work in their chosen eld in NAB or elsewhere.
  • Practice
  • Minimum Standards
  • Basic needs
  • Migrants
  • All
  • Supporting migrant education
  • Australia
  • The Australia Awards Scholarships program, administered by the Department of Foreign Affairs and Trade, provides opportunities for people from developing countries to undertake study at participating universities and TAFEs. It aims to assist these students to ‘develop skills and knowledge...to drive change and contribute to the development outcomes of their own country.’ The Award covers a range of costs, including tuition fees, return airfares, a contribution to living expenses, health cover and pre-course English training.136 Participating countries include several of the major refugee-producing countries in the Asia–Pacific region (namely Myanmar (Burma), Pakistan and Sri Lanka),137 suggesting that there may already be potential to extend similar opportunities to people in humanitarian need. However, to offer an effective solution for refugees, some aspects of the program may need to be adjusted. For example, the requirement that scholarship recipients leave Australia for a minimum of two years after completing their scholarship would need to be waived in order to prevent refoulement.
  • Practice
  • Minimum Standards
  • Basic needs
  • Migrants
  • All
  • France - assessment of asylum seekers for vulnerability factors i order to tailor reception conditions
  • France
  • A foreign national intending to claim asylum has to present him or herself to the Prefecture that is orienting him or her to a pre-reception office … The pre-reception office provides him or her with an asylum application form for the registration of his or her claim at the Prefecture. An appointment with the Prefecture is also arranged. In compliance with the recast Asylum Procedures Directive, this appointment should take place within 3 days after the asylum seeker has presented him or herself to the prereception office ... The registration of the claim is processed at the “single desk” (guichet unique) where the Prefecture and the French Office on Immigration and Integration (Office Français sur l’Immigration et l’Intégration - OFII) both have offices. The aim of the single desk is to register the asylum claim and, on the same day and in the same location, to conduct a vulnerability assessment that allows the OFII to offer tailored material reception conditions. Therefore, upon leaving the single desk, the asylum seeker has been granted an asylum claim certification (attestation de demande d’asile), that specifies if his or her claim has been channelled into a specific procedure, and has been proposed an accommodation place, when available.
  • Law
  • Screening & Assessment
  • Vulnerability
  • Asylum seekers
  • All
  • Exceptional regularisation for migrants in Morocco
  • Morocco
  • Following the recommendations by the National Human Rights Council (CNDH) on 9 September 2013 and their endorsement by King Mohammed VI, the Moroccan Government announced that it would elaborate and implement a new asylum and migration policy in compliance with the country’s international obligations. One important aspect of the country’s new approach to migration has been the implementation of a one-time exceptional regularization process for irregular migrants, which started on 1 January 2014 and lasted until the end of 2014. Among 27,332 migrants from 116 countries, who applied to the Ministry of Interior for regularization, 17,916 were accepted, the majority being Senegalese (6,600) followed by Syrians (5,250). However, non-governmental organizations raised concerns over the strict criteria and evidentiary requirements for regularization, the insufficient training of the staff of the Office for Foreigner taking the applications, and the lack of consistent information on the appeals procedure.
  • Practice
  • Case Management
  • Case resolution
  • Undocumented or irregular migrants
  • All
  • Transit
  • Bail program in the United Kingdom
  • United Kingdom
  • Bail is available upon request in the UK within the first 8 days of detention by making an application to an Immigration Officer not below the rank of Chief Immigration Officer (CIO). After the 8 days, they can apply for bail to an Immigration Judge. There are some exceptions. Bail guidance for judges presiding over immigration and asylum hearings instructs them to consider: (a) the reason or reasons why the person has been detained; (b) the length of the detention to date and its likely future duration; (c) the available alternatives to detention including any circumstances relevant to the person that makes specific alternatives suitable or unsuitable; (d) the effect of detention upon the person and his/her family; and (e) the likelihood of the person complying with conditions of bail. Detained asylum-seekers may be required to produce a surety, an individual who agrees to be held responsible for ensuring compliance with bail conditions. This requirement is not automatic: due regard should be given to the fact that people recently arrived in the country may have nobody to whom they could expect to stand surety for them. If there are no reasonable grounds for concluding that the applicant will abscond, a surety would be unnecessary. The Bail guidance and its annexes further describe bail conditions that can be imposed. They make clear that stringency of the conditions should vary according to the circumstances of the applicant and the level of monitoring required. Indication about how to fix the amount of any financial bond is also given.
  • Policy
  • Placement Options
  • Community with conditions
  • Immigration detainees
  • All
  • Residence permits for people unable to depart the Netherlands
  • Netherlands
  • Migrants whose applications have been rejected, including irregular, undocumented or unreturnable people, can be granted a residence permit for a limited time if they are unable to leave the Netherlands through no fault of their own. The permit is granted on condition that the migrant leaves the Netherlands if this becomes possible at a later stage. After 3 years, the holder of the no-fault residence permit becomes eligible for another residence permit for limited time. The applicant has to meet four stringent cumulative requirements: (i) they must prove that they have tried independently to leave the Netherlands (ii) the International Organisation for Migration (IOM) must have indicated that it is not able to assist them in leaving due to lack of travel documents (iii) Dedication by the Return and Departure Services to obtain the necessary travel documents must have been unsuccessful (iv) the applicant must show that he or she cannot leave the Netherlands through no fault of his or her own.
  • Practice
  • Minimum Standards
  • Basic needs
  • Undocumented or irregular migrants
  • All
  • Respecting the right to liberty in Argentina
  • Argentina
  • Immigration detention is limited in law and practice to rare instances during deportation procedures. Deportation and detention are both decisions that can only be authorized by judicial order, with detention used only as a final resort after all other remedies are exhausted. Such an order can only be issued in two cases: (i) for a specific period of time as a precautionary measure before a final immigration decision where a risk of non-compliance with a deportation order is proven; and (ii) for a maximum of 15 days to effect deportation where the judge determines that a removal order is final. Before deportation, a person must be given the opportunity to explore all options to regularise their status, within a set deadline. In practice, migrants who have been committed to prison for criminal offences are the only immigration detainees (Article 70, Immigration Law No. 25.871; Article 70, Regulation 616/2010)
  • Law
  • Liberty
  • Establish a presumption of liberty
  • Migrants
  • All
  • Screening and assessment: The United States
  • United States of America
  • In March 2013, US Immigration and Customs Enforcement (ICE) deployed a new Risk Classification Assessment instrument nationally. This is the first automated system of individualised assessment used to assist placement determinations. The Risk Classification Assessment tool was developed in response to criticism over the increasing numbers of people being unnecessarily detained or detained for prolonged periods. Such detention was taking place without uniform, individualised assessment or determination that their detention was proportionate or justified, including whether they were a danger to society, or a flight risk.

    The Risk Classification Assessment tool is used during the detainee intake process to determine (a) whether a person should be released or detained, (b) if released, what levels of supervision should be placed on the individual, and (c) if detained, the individual’s custody classification level. The tool guides ICE officers through a multi-staged process of decision-making, starting with a legal assessment of whether the individual is subject to mandatory detention, or whether detention would otherwise be required. In respect to the latter, the Risk Classification Assessment tool uses objective classification scales and mathematically weighted factors/algorithms to score the risk that an individual poses to the community. Persons who do not pose a risk to the community and who are eligible to be released are then assessed using additional factors that score the risk of absconding. The results determine the type of alternative best suited to the individual.

    The Risk Classification Assessment tool requires ICE officers to screen for the existence of family
    ties, immigration history including compliance with previous immigration decisions, as well as medical, mental health and other vulnerability triggers at the outset. It includes prompting questions for a number of vulnerability triggers including disability, advanced age, pregnancy, nursing mothers, sole caretaking responsibilities, mental health issues, and victimisation, including aliens who may be eligible for relief under the Violence against Women Act, survivors of crime, or survivors of human trafficking. It is designed to take eight minutes to complete. It remains to be seen how effective the tool is in a context where conditions are applied rigorously and there is a historical predisposition to detain.
  • Policy
  • Screening & Assessment
  • Healthy, identity and security checks
  • Migrants
  • All
  • Multi country Europe- Tools to identify vulnerability
  • Austria
  • Bulgaria
  • Greece
  • Croatia
  • Italy
  • Romania
  • Sweden
  • Slovenia
  • In some cases, indicators or manuals for identification and referral focus on specific groups, such as women or children (Bulgaria) or address specific actors such as healthcare or detention staff (Slovenia) or transit situations (Croatia). In Slovenia, police and border guards use Frontex material, such as the Trainer's Manual on Anti-trafficking and the Handbook on Risk Profiles, to identify victims. In Greece and Sweden, the International Labour Organization’s operational indicators for adult and child victims of trafficking for labour and sexual exploitation are used together with specific national guidelines for first level identification. In Sweden, this includes, for example, guidelines concerning unaccompanied children developed by the National Board of Health and Welfare (Socialstyrelsen) for social workers at municipal level. In a joint initiative, Austria, Italy, Greece and Romania have developed training material in the context of the AGIRE project on identifying and protecting children who are or might be trafficking victims. Italy further developed specific guidelines in its National Action Plan on this topic.
  • Policy
  • Screening & Assessment
  • Vulnerability
  • Migrants
  • Trafficked
  • All
  • Transit
  • Alternative to detention pilot project in Japan
  • Japan
  • In Japan, following a Memorandum of Understanding signed between the Immigration Bureau, the Forum for Refugees Japan (FRJ) and the Japan Federation of Bar Associations (JFBA), a new framework has been established for the improvement of the asylum system, including the issue of detention of asylum-seekers. As part of an alternative to detention pilot project, identified cases are referred by the Immigration Bureau to the FRJ. Eligible persons include those who could possibly be granted either landing permission for temporary refuge, provisional release, or permission for provisional stay. FRJ, after consideration of the cases, identifies accommodation and appoints a case manager. FRJ provides assistance such as psychological counselling and secures access to education and medical care; JFBA provides free legal assistance to asylum-seekers.
  • Policy
  • Minimum Standards
  • Basic needs
  • Asylum seekers
  • All
  • Legal status and social assistance to asylum seekers in Chile
  • Chile
  • In Chile, once an asylum-seeker has lodged an asylum application, he/she is issued with a renewable temporary stay permit, valid for eight months with the entitlement to work. Based on an agreement signed between the Department of Social Action under the Ministry of Interior and Public Security and the Fundación de Ayuda Social de las Iglesias Cristianas, UNHCR partner organisation, a comprehensive social assistance scheme is organized to facilitate the integration of asylum-seekers and refugees into local social and economic structures. The programme comprises: assistance for asylum-seekers and accompanying family members, an integration scheme for refugees, and services for vulnerable persons and cases with specific protection profiles. In particular, the assistance programme aims to cover basic needs for the duration of the asylum procedure, in particular food, housing (including furniture), documentation and transportation. Over the first three months of his/her stay in Chile, the applicant is entitled to full support. The amount provided respectively decreases to 75 per cent after three months and 50 per cent after six months. The support normally ends after twelve months, but the implementing agency can request the Department of Social Action to extend the support owing to special circumstances
  • Policy
  • Minimum Standards
  • Formal status and documentation
  • Asylum seekers
  • All
  • Options for people being deported from the Netherlands
  • Netherlands
  • In the Netherlands, a number of different alternatives to detention are available as part of the Government's returns policy., The Repatriation and Departure Service (DT&V) and the police when assessing the need for an alternative to detention consider the following factors: the prospects of return, the alien's willingness to actively work towards return, the risks of absconding and any new facts or developments in the alien's personal situation. The DT&V collaborates with local NGOs if the alien is willing to work on return with an NGO instead of the DT&V. Every year the DT&V accepts applications for grants for local initiatives dealing with return, such as case management, or other in-kind or cash assistance upon return. Different monitoring measures varying in intensity may be applied, sometimes in combination, for example, a duty to regularly report combined with DT&V assistance to prepare for return, the handing over of security deposit assessed against their financial situation, the deposit of documentation to the police or a measure of directed residence. Attention to vulnerable groups such as families, unaccompanied or separated children, elderly persons or persons with physical disabilities or medical or psychological problems is included in the returns policy. Pregnant women, for example, are entitled to postponement of return from six weeks before the due date until six weeks after the delivery, and they are provided with lawful residence and shelter and care during this period.
  • Policy
  • Case Management
  • Case resolution
  • Returnees / Deportees
  • All
  • Quota system for asylum seekers in Germany
  • Germany
  • An asylum-seeker distribution system operates in Germany where a quota is calculated on an annual basis per Länder, taking into account their tax receipts and population size (“Koenigsteiner Quota”). Asylum-seekers are assigned to an initial reception centre using a nationwide distribution system called “EASY”. The individual designation of the residence is based on the available reception capacities in one of the 22 initial reception centers; the country of origin of the asylum-seeker; or the presence of core family members in one of the German individual states (spouses, minor children, or – in case of minor asylum applicants - their parents). In cases where other relatives are present in Germany, asylum applicants may apply to be re-allocated to another Länder. With the exception of the so-called “city states” (i.e. Berlin, Hamburg and Bremen where individuals are generally directly allocated to collective accommodation centers or private housing), asylum-seekers in Germany usually stay for a minimum period of 6 weeks in the Initial reception Centre (IRC), where basic provisions are provided in the form of non-cash assistance. Compulsory accommodation in those centers ends if either the asylum-seeker is granted refugee status or temporary protection; if he/she is granted residence on account of marriage in Germany; has received a binding decree ordering his/her deportation that cannot, in the foreseeable future, be executed; or, in any case, no later than 3 months after the asylum application was lodged. Thereafter, asylum-seekers awaiting successful completion of their asylum procedure are usually transferred to open collective accommodation centers (CACs), run by private companies or charity organizations under contract with the municipality, or are privately accommodated. There are restrictions on movement to the district of the federal state in which the centre is located. Exceptions to this rule are authorised. Practice varies by federal state, but generally asylum seekers are not supposed to travel outside their district of assigned residence (some districts are no larger than 15 sq km) without special permission from the competent local aliens authority. They are subject to detention as a penalty if they do so.
  • Practice
  • Placement Options
  • Case management and support
  • Asylum seekers
  • All
  • Transit
  • Support for asylum seekers and migrants being deported from Sweden
  • Sweden
  • In Sweden, asylum-seekers are appointed two case workers after registration. A first case worker is responsible for the asylum process: he/she conducts interviews with the applicant in order to investigate his/her claim for asylum and to prepare the decision that will be taken by the executive officer of the Swedish Migration Agency. A second case worker supports the applicant in solving everyday life questions (daily allowance, special allowance, school, housing etc.), referring him/her to medical care, counselling or other services where required. Located at a Reception Unit near the residence of the applicant, he/she is also tasked to inform the applicant on decisions by the Swedish Migration Agency or Migration Courts. This second case worker also provides “motivational counselling” in order to prepare the asylum-seeker for all possible migration outcomes, and assesses the risk of absconding on a negative asylum decision. In the return process, he/she organises formalized contacts to discuss return. This caseworker system is considered a factor that has positively affected the voluntariness of departure from Sweden.
  • Practice
  • Case Management
  • Case resolution
  • Asylum seekers
  • All
  • Support for asylum seekers in New Zealand
  • New Zealand
  • The Asylum Seeker Support Trust works to create a safe and supportive environment for all asylum seekers. We provide access to information, services and resources so asylum seekers may effectively pursue the determination of their refugee status, and thrive in their new home. We have three committed part-time staff, a hostel that houses up to 14 people, and three transitional homes for families. We are proud to offer a measure of safety and stability where once there was none. Asylum seekers waiting for their refugee status to be processed often have little or no money. From a limited budget we provide food parcels and other necessities to tide them over, English language lessons, and medical attention when necessary. A registered social worker makes a needs assessment to determine if any other help is needed, including bus fares and access to government services, referral for medical attention, etc. Once asylum seekers gain refugee status, we continue to support them in their resettlement. As well as practical support, we help asylum seekers negotiate with authorities, advise them on ways to manage a new culture, and put them in touch with other community and refugee organisations. We're part of the Refugee Sector Strategic Alliance made up of 19 organisations, and a member of the Asia and Pacific Rights Network, seeking durable protection for refugees in the Asia-Pacific region. We regularly make submissions on law changes, and provide ongoing information on the plight of asylum seekers to the Government and to the public. We advocate vigorously for better, kinder treatment of people in dire need of asylum.
  • Practice
  • Minimum Standards
  • Basic needs
  • Asylum seekers
  • All
  • Support for asylum seekers in Spain
  • Spain
  • In Spain, asylum seekers who enter the refugee determination process can be
    housed in an open reception centre if they cannot afford private accommodation.150
    These centres are operated by the government or by non-government organisations.
    The total reception capacity in Spain is about 850 places, with priority given to vulnerable individuals.
    Asylum seekers cannot choose which area within Spain they will be located.
    The centres are responsible for the reception, promotion and integration of asylum seekers and refugees.151
    Residents are free to come and go from the centres as they like. As an example, one centre provides bedrooms shared by 3-4 single adults, while families have their own
    room with a small bathroom attached. There are catered meals in a dining hall, public lounge areas, library, shared computer and Internet access and a shared laundry.
    Residents receive $50 per month cash allowance for their own use including public
    transport. Twice a year residents are given money for clothes.
    Residents are assigned a social worker who provides information and advice on their situation, works to develop an individual pathway
    and assists them in accessing education, health care and other social systems
    of Spain. All residents are expected to attend Spanish language classes, cultural
    orientation, and employment preparation programs.
    Recreational activities such as sports, visits to the local library, exhibitions and
    movies are supported by an activities offcer. Psychological services and specialised
    services including legal aid are available for eligible residents. The centres
    also undertake advocacy activities in the local Spanish community.152 Residents are
    issued a card that identifes them as asylum seekers and facilitates their access to medical care.
    Asylum seekers can be housed in reception centres for six months. If they are still awaiting a decision on
    their refugee application at that time, they are supported to find independent housing and employment.
    At this point, they are given the right to work. Vulnerable individuals and families may
    apply to extend their stay in the centre for an extra six months if needed. The program has been praised
    by UNHCR for its high standards.
  • Practice
  • Minimum Standards
  • Basic needs
  • Asylum seekers
  • All
  • Transit
  • Reporting and Monitoring Requirements in Egypt
  • Egypt
  • Article 30 of Entry and Residence of Aliens in the Territories of the United Arab Republic and their Departure Therefrom (1960) (Amended by laws Nos.49/1968, 124/1980, 100/1983, 99/1996 and 88/2005) – should a deportation decision be difficult to enforce, the Director of Passport, Immigration and Nationality may order the non-resident in question to reside at a particular place and report to a specified police station according to a specified time frame until deportation occurs. Non-citizens who violate the terms of an order of deportation or banishment, fail to reside at a designated residence, or provide false statements or knowingly submit false documentation to Egyptian authorities can be sentenced with up to two years imprisonment and/or to pay a fine of up to two thousand pounds (Arts. 38, 40).

    (Editor's note: United Arab Republic is Egypt's law).
  • Law
  • Placement Options
  • Community with conditions
  • Migrants
  • All
  • Transit
  • Humanitarian residence permit in Hungary
  • Hungary
  • Tolerated stay /"Exile" status under Act II of 2007 on the Entry and Stay of Third-Country Nationals (entered into force on 1 July 2007, hereinafter: RRTN). A residence permit on humanitarian grounds is issued to the person who has been granted the status of exile by Hungary. The validity period of a residence permit granted on humanitarian grounds shall be one year that may be extended by a maximum of one year at a time and under Art 29 (3) of RRTN a residence permit on humanitarian grounds shall be withdrawn if any requirement for issue is no longer satisfied; the third-country national in question has disclosed false information or untrue facts to the competent authority in the interest of obtaining the right of residence; or the withdrawal is requested by the authority or body on whose initiative it was for some other reason. Exiles shall be entitled to receive provisions under the scope of personal care, including financial provisions and financial assistance
  • Policy
  • Minimum Standards
  • Formal status and documentation
  • Returnees / Deportees
  • All
  • Transit
  • Status for migrants in Romania
  • Romania
  • Emergency Government Ordinance 194/2002 on aliens’ regime in Romania - tolerated status (and accompanying 'tolerated document') is granted by the General Inspectorate and provides individuals with permission to remain in Romania. Tolerated status may be granted (a) when persons are 'forbiden' from leaving the territory and they do not fulfil the conditions for a residence permit (b) when the measure of public custody taken against them has ceased (c) when their presence on Romanian territory is required by important public intersets (d) when they cannot be removed from the territory and cannot be granted or extended a stay right (e) when there are reasons to consider they are victims of human trafficking (f) when a measure of removal from the territory is suspended (g) when forced/escorted return cannot be executed within 24 hours and they are not taken into public custody (h) when the General Inspectorate for Immigration ascertains they are temporary in impossibility of leaving Romania due to other objective reasons. Tolerated status is granted for a period of maximum 6 months that can be extended for new periods of 6 months up to the cessation of the toleration reasons. While holding tolerated status, persons have access to the labour market under the same conditions as Romanian citizens.
  • Practice
  • Minimum Standards
  • Formal status and documentation
  • Migrants
  • All
  • Transit
  • Temporary residence permits for people unable to depart Finland
  • Finland
  • Under Section 51 of the Aliens Act, aliens residing in Finland are issued with a temporary residence permit if they cannot be returned to their home country or country of permanent residence for temporary reasons of health or if they cannot actually be removed from the country. Temporary residence permits pursuant to Section 51 of the Aliens Act are granted for a period of one year at a time. Aliens granted temporary residence permits on such grounds have a restricted right to employment under Section 80, Paragraph 1, Subparagraph 6 of the Aliens Act. Pursuant to Se ction 54, Paragraph 5 of the Aliens Act, aliens who have been issued with a temporary residence permit under Section 51 be cause he or she cannot be removed from the country are issued with a continuous residence permit after a continuous residence of two years in the co untry if the circumstances on the basis of which the alien was issued with the previous fixed-term permit are still valid
  • Law
  • Minimum Standards
  • Formal status and documentation
  • Undocumented or irregular migrants
  • All
  • Alternative to detention provisions in Austria
  • Austria
  • Art. 77 para 1 Aliens Police Act stipulates that individuals shall be provided with an alternative to detention if detention grounds (Art. 76) are present and the purpose of detention can also be achieved by their provision. The following forms of alternatives to detention are provided in Art. 77 para 3 APA: 1. Residing at a particular address determined by the authority; 2. Reporting periodically to the police station; 3. Lodging a financial deposit at the authority. • Administrative High Court, 17 October 2013, 2013/21/0041 - individuals shall be provided an alternative to detention if detention grounds are present but the purpose of detention can be achieved by the alternative. However, if the necessity of detention to secure a procedure or measure terminating residence is not present, no alternatives to detention shall be imposed either. According to the handbook of the Aliens Police Act (as of 1 July 2011), the facts that justify the assumption that the purpose of detention cannot be achieved through alternatives include the existence of a criminal conviction or the misuse of a previous alternative to detention with the aim to abscond.
  • Law
  • Liberty
  • Mandate to apply alternatives in the first instance
  • Migrants
  • All
  • UK guidelines for officers regarding factors to consider in decisions to detain
  • United Kingdom
  • 55.3.1. Factors influencing a decision to detain

    All relevant factors must be taken into account when considering the need for initial or continued detention, including:

    - What is the likelihood of the person being removed and, if so, after what timescale?
    - Is there any evidence of previous absconding?
    - Is there any evidence of a previous failure to comply with conditions of temporary release or bail?
    - Has the subject taken part in a determined attempt to breach the immigration laws? (e.g. entry in breach of a deportation order, attempted or actual clandestine entry)
    - Is there a previous history of complying with the requirements of immigration control? (e.g. by applying for a visa, further leave, etc)
    - What are the person's ties with the United Kingdom? Are there close relatives (including dependants) here? Does anyone rely on the person for support? If the dependant is a child or vulnerable adult, do they depend heavily on public welfare services for their daily care needs in lieu of support from the detainee? Does the person have a settled address/employment?
    - What are the individual's expectations about the outcome of the case? Are there factors such as an outstanding appeal, an application for judicial review or representations which afford incentive to keep in touch?
    - Is there a risk of offending or harm to the public (this requires consideration of the likelihood of harm and the seriousness of the harm if the person does offend)?
    - Is the subject under 18?;
    - Does the subject have a history of torture?;
    - Does the subject have a history of physical or mental ill health?
  • Policy
  • Screening & Assessment
  • Individual case factors
  • Migrants
  • All
  • Pre-removal risk assessment
  • Canada
  • Although not specifically designed to address the needs of children, asylum seekers whose cases have been rejected and who are expected to depart Canada can apply for protection under the Pre-Removal Risk Assessment process. This process takes into consideration a change in circumstances in asylum seekers’ countries of origin, new information demonstrating that asylum seekers will be at risk of persecution, torture or to cruel, inhuman or unusual treatment or punishment, or the possibility that asylum seekers’ lives may be otherwise endangered should they be compelled to leave Canada. The PRRA is not an appeal against earlier decisions and consideration is given only to new information or evidence. The PRRA decision is usually made on the papers. Only a very small percentage of applicants are granted the right to remain in Canada under the PRRA.
  • Law
  • Screening & Assessment
  • Protection needs
  • Migrants
  • All
  • Community Assistance Scheme
  • Australia
  • Immigration advice and application assistance to vulnerable people, delivered by providers under the Immigration Advice and Application Assistance Scheme (IAAAS).
- Information and counselling services, provided by the International Organization for Migration (IOM). The IOM provides information on immigration processes and assistance to people and prepares them for their immigration outcome. Case managers are responsible for overseeing the case, meeting regularly with their clients and coordinating case conferences with client and service providers at critical incidents, such as a refusal or change of circumstance. Of the 918 people initially assisted, 560 (61%) had a final immigration outcome. Of this group 370 people (66%) received a temporary or permanent visa to remain, 114 people (20%) voluntarily departed,
37 people (7%) absconded, 33 people (6%) were removed and 6 people (1%) died. These figures show that 93% of people complied with their reporting and other obligations and that 60% of those not granted a visa to remain in the country voluntarily departed.
  • Policy
  • Case Management
  • Case management and support
  • Migrants
  • All
  • Netherlands - identification of trafficked persons
  • Netherlands
  • In the Netherlands, under the “B9 procedure”, (presumed) victims of trafficking are granted a reflection period of three months “at the slightest indication” that he or she might be a victim of trafficking. The reflection period is meant to allow the (presumed) victim to start recovering and to make an informed decision about cooperation with the authorities. During the reflection period the (presumed) victim has access to safe housing, psychological, medical, material and legal aid. It is the responsibility of the police to inform the victim about the B9 procedure. If, after this period, the victim decides to cooperate in the prosecution of the traffickers, he or she is granted a temporary residence permit for the duration of the criminal proceedings until the end of the trial, to be renewed each year. The statement of the victim with the police is automatically considered to be an application for such temporary residence permit, on which the IND has to decide within 24 hours. The temporary residence permit provides access to the labour market and to social welfare, legal, medical and psychological assistance on the same footing as Dutch nationals.
  • Law
  • Screening & Assessment
  • Vulnerability
  • Trafficked
  • All
  • Supporting recovery for trafficking survivors in the Netherlands
  • Netherlands
  • In the Netherlands, under the “B9 procedure”, (presumed) victims of trafficking are granted a reflection period of three months “at the slightest indication” that he or she might be a victim of trafficking. The reflection period is meant to allow the (presumed) victim to start recovering and to make an informed decision about cooperation with the authorities. During the reflection period the (presumed) victim has access to safe housing, psychological, medical, material and legal aid. It is the responsibility of the police to inform the victim about the B9 procedure. If, after this period, the victim decides to cooperate in the prosecution of the traffickers, he or she is granted a temporary residence permit for the duration of the criminal proceedings until the end of the trial, to be renewed each year. The statement of the victim with the police is automatically considered to be an application for such temporary residence permit, on which the IND has to decide within 24 hours. The temporary residence permit provides access to the labour market and to social welfare, legal, medical and psychological assistance on the same footing as Dutch nationals.
  • Practice
  • Minimum Standards
  • Basic needs
  • Trafficked
  • All
  • Conditions that can be applied in New Zealand
  • New Zealand
  • Section 315 of the New Zealand Immigration Act 2009 states that the officer may in his/her absolute discretion, decide that instead of detention, persons can

    (a) reside at a specified place:
    (b) report to a specified place at specified periods or times in a specified manner:
    (c) provide a guarantor who is responsible for—
    (i) ensuring the person complies with any requirements agreed under this section; and
    (ii) reporting any failure by the person to comply with those requirements:
    (d) if the person is a claimant, attend any required interview with a refugee and protection officer or hearing with the Tribunal:
    (e) undertake any other action for the purpose of facilitating the person’s deportation or departure from New Zealand.

    The person is subject to arrest and detention if they fail to comply with the conditions of their release or in order to execute a deportation order. The application of these conditions is at the discretion of the immigration officer.


  • Law
  • Placement Options
  • Community with conditions
  • Migrants
  • All
  • Immigration Officers Discretion includes consideration of alternatives to detention in New Zealand
  • New Zealand
  • Section 315 New Zealand Immigration Act 2009 - immigration officer and person liable for arrest and detention may in his/her absolute discretion, decide that instead of detention, persons can (a) reside at a specified place: (b) report to a specified place at specified periods or times in a specified manner: (c) provide a guarantor who is responsible for— (i) ensuring the person complies with any requirements agreed under this section; and (ii) reporting any failure by the person to comply with those requirements: (d) if the person is a claimant, attend any required interview with a refugee and protection officer or hearing with the Tribunal: (e) undertake any other action for the purpose of facilitating the person’s deportation or departure from New Zealand.
  • Law
  • Liberty
  • Mandate to apply alternatives in the first instance
  • Migrants
  • All
  • Bail program in Canada
  • Canada
  • Toronto Bail Program - see Citizenship and Immigration Canada, Enforcement Manual 20 – Detention Section 5.12. Under contract with the Canadian Border Services Agency, the Toronto Bail Program (TBP), a non-profit entity, operates to support immigration detainees, including asylum-seekers and persons awaiting removal, to be released from detention via bail. The TBP acts as the “bondsperson” for those who have no family or other eligible guarantors to pay bond and in this way, removes the financial discrimination inherent in other bail systems. Under the TBP, no payment is made, rather asylum-seekers are released on the basis of the TBP’s guarantee. The TBP carries out interviews to assess suitability of candidates for their supervision. Asylum-seekers agree voluntarily to cooperate with TBP and all immigration procedures, including any reporting conditions set by the TBP. As per the contract signed between the asylum-seeker and the TBP, they agree to appear for all appointments, to notify the TBP of a change of address and to participate in meaningful activities while in Canada (e.g. education, vocational training, work). Reporting requirements generally reduce as trust is established between TBP and the asylum-seeker. Unannounced visits to the asylum-seeker’s residence may be organized by the TBP. Failure to comply with reporting obligations may result in the TPB informing the provincial authorities, in which case the person would be placed under a Canada-wide arrest warrant. TBP makes it explicit that failure to report may result in return to detention.
  • Practice
  • Placement Options
  • Community with conditions
  • Asylum seekers
  • All
  • Canada - Guidance for officers to ensure individual case factors considered when assessing flight risk
  • Canada
  • Citizenship and Immigration Canada, Enforcement Manual 20 – Detention Section 5.7 (p. 10-11): R245 outlines the factors to be taken into account when assessing flight risk. This non-exhaustive list includes: voluntary compliance with any previous departure order; voluntary compliance with any previously required appearance at an immigration or criminal proceeding; previous compliance with any conditions imposed in respect of entry, release or a stay of removal; any previous avoidance of examination or escape from custody, or any previous attempt to do so.
  • Policy
  • Screening & Assessment
  • Individual case factors
  • Migrants
  • All
  • Canada - Screening & assessment guidance for officers to ensure liberty, detention applied in first instance
  • Canada
  • ENF 20 - guidance to officers in exercising their powers of detention under IRPA. 5.2 states "In exercising their discretionary authority to detain, officers need to consider all reasonable alternatives before ordering the detention of an individual. This approach requires officers to exercise sound judgment in cases involving the arrest and detention of individuals, pursuant to IRPA. Sound judgment not only requires individual assessment of the case, but also an assessment of the impact of release on the safety of Canadian society. See also 5.5 (assessment of security risk/human rights violations), 5.6 (danger to the public), 5.7 (flight risk), 5. 8 (identity).
  • Policy
  • Liberty
  • Mandate to apply alternatives in the first instance
  • Migrants
  • All
  • Law providing a mandate to consider alternatives to detention in Japan
  • Japan
  • Section 5 Article 54 of the Immigration Control and Refugee Recognition Act (ICRRA) allows for the Provisional Release of detainees, taking into consideration such matters as the circumstances, evidence produced in support of the application, and the character and assets of the foreign national pursuant to the provisions of an Ordinance of the Ministry of Justice, upon the foreign national paying a deposit not exceeding 3 million yen as provided by an Ordinance of the Ministry of Justice, and with such conditions as may be deemed necessary, such as restrictions on the place of residence and area of movement and the obligation to appear upon receiving a summons. Alternatively, a letter of guarantee submitted by a person other than the foreign national detained may be substituted for the deposit. Such a letter of guarantee shall contain the amount of the deposit and a statement that the deposit will be paid at any time.
  • Law
  • Liberty
  • Mandate to apply alternatives in the first instance
  • Migrants
  • All
  • Reception centre for asylum seekers in Mexico
  • Mexico
  • The Albergue Belen is a semi-open reception centre known as Casas del Migrante in Tapachula, Chiapas, Mexico. The centre aims at creating an atmosphere where migrants are treated with dignity and respect. The Albergue Belen provides reception services such as, inter alia, temporary accommodation, food, non-food items, psycho-social services to migrants travelling through or arriving in Tapachula. Some specific arrangements are made for asylums seekers as per an agreement with UNHCR Mexico and in 2008 the centre opened a specific area for victims of trafficking. The services provided at the centre are crucial in a location like Tapachula, known to be a problematic area of human smuggling and organized crime.” Note: Some mixed views on this by NGOs. Ref: UNHCR (2009). 10-Point Plan expert round table no. 2: "Different people, different needs"
  • Practice
  • Minimum Standards
  • Basic needs
  • Asylum seekers
  • All
  • Transit
  • Pre-Removal processes for refused asylum seekers in Canada
  • Canada
  • Although not specifically designed to address the needs of children, asylum seekers whose cases have been rejected and who are expected to depart Canada can apply for protection under the Pre-Removal Risk Assessment process. This process takes into consideration a change in circumstances in asylum seekers’ countries of origin, new information demonstrating that asylum seekers will be at risk of persecution, torture or to cruel, inhuman or unusual treatment or punishment, or the possibility that asylum seekers’ lives may be otherwise endangered should they be compelled to leave Canada. The PRRA is not an appeal against earlier decisions and consideration is given only to new information or evidence. The PRRA decision is usually made on the papers. Only a very small percentage of applicants are granted the right to remain in Canada under the PRRA.
  • Practice
  • Case Management
  • Case resolution
  • Returnees / Deportees
  • All
  • Conditions including designated address in Lithuania
  • Lithuania
  • In Lithuania, meanwhile, the Pabrade Foreigners Registration Centre contains both detainees and non-detainees. Oddly, therefore, it is both a place of detention and an alternative to detention. There is segregation of detainees and non-detainees, but similar services are provided to both groups. Detainees are only able to exit with permission and escort, whereas those not detained are able to leave unsupervised for a period of up to 72 hours upon notifying the management. For those asylum seekers in the full determination procedure and for children, accommodation in a more open centre (Rukla Reception Centre) is also possible, and those not in need of State support may live independently with relative ease. While there are no specific statistics on compliance with the Lithuanian system (and the number of applicants in total is currently small), it can be noted that only ten per cent of cases in 2002 and 40 per cent in 2003 were classed as ‘terminated’. As cases may be terminated for reasons other than absconding, this represents the upper limit of those that might have done so, and compares well with Hungarian figures, for example. The percentage of claimants who are detained and therefore unable to abscond must of course be taken into account when directly comparing the effectiveness of national systems. Also, the relevant legislation in Lithuania is only two years old, so it may be too soon to fully evaluate the regime’s effectiveness.
  • Practice
  • Placement Options
  • Community with conditions
  • Migrants
  • All
  • Transit
  • Open return centres with reporting requirements in Germany
  • Germany
  • In Germany, special return centres (‘Ausreisezentren’) have been established in a few federal States to accommodate undocumented illegal migrants, including persons found not to be in need of international protection and who refuse to return. Persons of the above-mentioned category are ordered to take up residence in these Centres, which are formally open. The residents, however, have to report on a regular basis (e.g. three times per week) and they are informed about their legal situation in regular conversations with a view to obtaining their cooperation in the administrative process and encouraging their departure from Germany. The standard of amenities in such Centres is generally set at a level that also acts as a disincentive to remain in Germany – that is, only basic needs are met.177 Nongovernmental critics of this policy call for a greater use of the concept of ‘supported voluntary return’ – meaning the provision of counselling and incentives, including financial and practical assistance and vocational training, to promote mandatory return with the consent and cooperation of the person to be returned. This concept has seen a revival recently in Germany, with several projects at the Länder or district level, in most cases jointly carried out with various nongovernmental partners and co-funded by the European Refugee Fund. These projects are succeeding in minimising the use of pre-deportation detention, but also helping people see when return home may be in their best interests, and to make this a dignified process.
  • Practice
  • Placement Options
  • Community with conditions
  • Returnees / Deportees
  • All
  • Reception centres for asylum seekers in Greece
  • Greece
  • In Greece, there are open reception centres and several hostels run by the Red Cross (three centres), Médicins du Monde, and other agencies (ELINAS, Social Solidarity, Voluntary Work of Athens). If an asylum seeker is assigned to the centre in Lavrio, he or she must obtain permission for any absences, and if he or she leaves without permission, his or her asylum claim will be suspended. There are some problems with dispersal and assignment to the more remote centres, with people choosing instead to move to Athens despite their destitution. In 2002, when there were 5,600 new asylum applications in Greece, 697 applicants (12 per cent) failed to appear for their interviews at either the first or second instance and, as a consequence, had their cases suspended then later closed. Similar percentages have occurred over the past several years. Despite the fact that Greece is a major country of transit, this is a relatively low rate of non-appearance and suggests that provision of adequate reception assistance, even in a very open system, can effectively raise the rate of procedural compliance
  • Practice
  • Minimum Standards
  • Basic needs
  • Asylum seekers
  • All
  • Transit
  • Norway - protection of trafficed persons
  • Norway
  • Norway has established both an asylum and a trafficking protection system. The 1988 Immigration Act established a legal framework for the granting of asylum and the 2008 Immigration Act stipulated that a trafficked person is considered a member of a particular social group, one of the grounds for persecution outlined in the refugee definition of the 1951 Refugee Convention. If the trafficked person is ineligible for refugee status for one reason or another, he or she may still qualify for a form of “subsidiary” protection. The second distinct system of protection relevant to trafficking protection and parallel to the international protection system is the domestic framework for protecting all people who are trafficked persons. The trafficking protection system is founded both on sections of the General Civil Penal Code and on a National Action Plan highlighting trafficked persons’ specific need for protection. Norway also has a Child Welfare Act that addresses child protection measures regarding trafficked children. This Act is supplemented by a government circular for relevant organizations and institutions drawing attention to the specific needs (including international protection needs) of trafficked children.
  • Law
  • Screening & Assessment
  • Vulnerability
  • Trafficked
  • All
  • Mandate to apply alternatives to detention in the first instance in Estonia
  • Estonia
  • Article 36 of Estonia’s Act on Granting International Protection to Aliens allows for the detention of asylum seekers if the application of alternatives is “impossible”, in line with the principle of proportionality. Article 29 outlines the alternatives to detention that officials can apply to applicants instead of detention, if required. These include:
    • residing in a determined place of residence;
    • appearing for registration at the Police and Border Guard Board at prescribed intervals;
    • notifying the Police and Border Guard Board of the absence from the place of residence for a period longer than three days; and
    • depositing the travel document issued by a foreign state at the Police and Border Guard Board
  • Law
  • Liberty
  • Mandate to apply alternatives in the first instance
  • Migrants
  • All
  • Transit
  • Conditions that can be applied in the Netherlands
  • Netherlands
  • PART 2. SUPERVISION MEASURES
    Section 52

    1. Aliens may be required by Order in Council:

    (a) to give notice of any change of address or change in their place of residence in the Netherlands and of their departure to another country;
    (b) to furnish such information as may be of importance in the application of rules prescribed by or pursuant to this Act;
    (c) to assist in the recording of data with a view to identification;
    (d) to submit to a medical examination performed in the interests of public health in order to check for the presence of a disease designated by or pursuant to the Infectious Diseases Act or in the course of assessment of an application for a residence permit;
    (e) to report within a given period of their arrival in the Netherlands;
    (f) to report periodically;
    (g) to hand over the document or written statement referred to in section 9 evidencing the lawful residence.

    2. In cases in which Our Minister considers this to be necessary in the interests of public policy (ordre public) or national security, he may impose an individual obligation on an alien to report periodically to the chief of police.
  • Law
  • Placement Options
  • Community with conditions
  • Migrants
  • All
  • Hong Kong Law mandates that alternatives to detention are considered for specific vulnerable groups
  • Hong Kong SAR
  • Section 35 - Immigration Ordinance, Chapter 115 of the Laws of Hong Kong. An immigration oficer and police officer may require any person who is either detained or liable to be detained, to enter into a recognizance "in the prescribed form in such amount, with such number of sureties and subject to such conditions as the immigration officer or police officer may reasonably require or impose; and where a person who is so detained enters into such a recognizance he may be released." Conditions of a recognizance may include a condition that the person must— (a) report in person at the time and intervals, and at the office or police station, specified by the immigration officer or police officer; (b) notify an immigration officer or police officer in writing of any change in the person’s residential or correspondence address as soon as practicable after the change; (c) (if the person is a claimant as defined by section 37U(1)) attend interviews scheduled by an immigration officer under section 37ZB(1)(b).
  • Law
  • Liberty
  • Mandate to apply alternatives in the first instance
  • Migrants
  • All