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Ensuring that detention is only used when necessary in 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)
Detention of children as a last resort in Luxembourg
- Article 22 (1) al. 3 establishes that, in principle, minors cannot be placed in detention. Nevertheless, they can be placed in a detention centre as a measure of last resort if no other less coercive measures can be efficiently applied. This placement has to be as short as possible. Unaccompanied minors can solely be placed in detention in exceptional circumstances. In addition, all possible measures are taken to accommodate minors within adequate structures, taking into consideration the superior interest of the child. According to the modified Law of 28 May 2009 concerning the establishment and organization of the Detention Centre, single parents or families with minor children will be detained in a separate unit. The length of their stay cannot exceed 72 hours.
Document prevents detention of people departing Turkey
- Section 56 of the Law on Foreigners and International Protection states that 15-30 days shall be granted for foreigners to leave Turkey. However, this period shall not be granted to foreigners who may abscond or disappear, who violate rules for lawful entry and exit, who use fraudulent documents, who attempt to obtain or who have been identified as having obtained a residence permit with fraudulent documents, and who constitute a threat to public order and public security or public health. A “Departure Permission Document” shall be issued to persons who have been granted a period to leave Turkey. This document shall be issued free of charge.
Regularization for family members in Argentina
- In the event that the person claims to have family ties with an Argentinian national (where s/he is the father, son/daughter or spouse of a national), detention and removal proceedings are suspended for 48 hours, during which time the National head Office of Migrations will have to verify the existence of the relationship. Once family ties are proven, the person must be released and a regularization process initiated. (Article 70, Immigration Law No. 25.871).
Legislation details alternatives to detention in Croatia
- Croatia nominates several alternatives to detention in its national legislation, which was introduced in 2012. These include the duty to surrender documents, to deposit sureties, to reside at a designated address and to undertake regular reporting. Further, a book of rules provides additional guidance to officials regarding implementation.
Time limit on detention before deportation in Venezuela
- Venezuela maintains a 30-day time limit on the use of any conditions imposed to implement a deportation order.
Policy mandating the consideration of alternatives to detention in Canada
- Citizenship and Immigration Canada, Enforcement Manual 20 (ENF 20)- Officers must be aware that alternatives to detention exist. As an alternative to detention, an officer may impose conditions, require a deposit of money or direct that a person participate in a third party risk management program ( para 5.11). Officers must also consider alternatives to detention and ensure detention is avoided or considered as a last resort for: the elderly, pregnant, sick, handicapped, mentally ill, and with behavioural problems, where safety or security is not an issue - (5.13). Also, in making a decision to detain or release, officers must consider the existence of alternatives to detention (see 5.9), detention is feasible where alternatives to detention are not avaialble to mitigate any risk to public safety or flight risk (5.9).