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Step 3 in the handbook

Step 3 in the handbook

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Published by: International Detention Coalition on May 10, 2011
Copyright:Attribution Non-commercial


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belie in the process will help identiy those who mayrequire additional supports to achieve a sustainablecase resolution.This issue is best addressed by ensuring proper andtimely legal advice and case management throughoutthe process, as discussed in section 4.3. However,some people will not have aith in the bureaucraticprocess they have been through, such as i they knowo a similar case that has been accepted rather thanrejected
or i they are acing serious threats to lie orliberty on return that all outside existing protectionmechanisms.
In these cases, it is particularlyimportant that case workers and lawyers recognisethese concerns by exploring all options to remain inthe country legally. I no urther options remain, it maybe necessary to explore alternative solutions, suchas removal to a third country, to a dierent region otheir country o origin or provision o more substantialrepatriation support, that may assist the person toovercome their disbelie at a negative decision andavoid the trauma and orce involved in deportation. Formore inormation on support while working towardsremoval, see section 4.4.4.
Step 3.
4.3 Assess the community setting
In order to best match an individual with anappropriate and eective program o response it isnecessary to assess those actors in the communitysetting that can either support or undermine a person’sability to comply with immigration authorities. Suchcontextual actors, which are oten outsidethe control o the individual, may have asignifcant impact on their ability to maintaintheir commitments with authorities.As noted in Section 3, asylum seekers andirregular migrants are more likely to acceptand comply with a negative visa or statusdecision i they believe they havebeen through a air reugee statusdetermination or visa determinationprocess; i they have been inormed andsupported through the process; and i theyhave explored all options to remain in thecountry legally. The community setting can contributeto this outcome i it contains appropriate supportsand structures throughout the process. Such supportscan ensure asylum seekers and irregular migrantsunderstand the legal and bureaucratic processes theyare involved in, the limited avenues to legal residency,all potential uture outcomes and the impact o non-compliance. The key aspects o a community settingthat can contribute to these outcomes are:
• Case management• Legal advice and interpretation• Ability to meet basic needs• Documentation
These are some o the ways in which a communitysetting might mitigate concerns raised througha screening process. They are also areas that agovernment can have some control over. Authoritiescan choose to strengthen the community setting, suchas by unding legal advice and case management,to reduce concerns about compliance with theimmigration process. In addition, an accommodationprogram with case management and legal support isless expensive than keeping the individual detained orthe same period, as discussed urther in Section 5.It is worth noting that immigration detentionis usually experienced as an extreme injustice, asdetainees eel they are treated like criminals despitebelieving they are innocent o any crime.
Thiseeling o injustice can saturate their experience o theassessment process and lead them to believe thattheir case has not been airly heard. This can make itdifcult to work towards return or those who have
been found not to have protection needs. Deportation
can be extremely difcult to achieve i theperson does not want to comply, even withdetained populations.
4.3.1 ca aa
A number o the most successul systemsor programs identifed during the researchrely on case management to work towardscase resolution while maintaining high levelso compliance with conditions o residencyin the community and improved health and
wellbeing. Case management centres on
understanding and responding to the unique
Case managementfor migrationmatters bygovernment or bynon-governmentorganisation:Sweden, Australia,Canada, theNetherlands,Belgium, Spain,Hong Kong
(Continued on p. 33.)
Applied in the context of migration,case management is a strategy forsupporting and managing refugees,asylum seekers and irregular migrantsin the community or detention, whilsttheir status is being resolved.
Thecase manager role differs to that ofan immigration officer, bureaucrat orguard. Case managers are not makingdecisions on people’s immigrationcases or enforcing issues ofcompliance. Rather, the case managerforms an essential link betweenthe individual, authorities and thecommunity. The case manager may:
• Promote informed decision making
 by both the government decisionmaker and individual in question, byensuring timely access to all relevantinformation, options, rights andresponsibilities. Case managers ensureindividuals have an understanding oftheir immigration status, legal andadministrative processes, and theoptions available to them in theircountry of origin or another country.The more transparent the process,the more likely a person is to feelthat all claims have been heard andconsidered, and understand what theiroptions are and therefore will be moreable to comply with any requirementsplaced on them.
• Promote timely and fair case
Case managementcan assist in achieving faster andmore sustainable immigrationdecisions, building confidence in thedetermination process and reducingunmeritorious appeals. This in turncan improve final immigrationoutcomes, be that integrationfor individuals granted status, orvoluntary return and independentdeparture for refused individuals. Forexample, with a consistent, trustingrelationship between case managerand individual, previously undisclosedcritical case information and barriersto return may be identified andaddressed. With client consent andtransparent communication on thepurpose of information-gathering,case managers can work with theindividual, lawyer and immigrationauthorities to ensure this is includedas early as possible, to tryand prevent the need for casereview later. In addition, casemanagement assists with clientsbeing prepared and more likely tocomply with immigration decisionsincluding exploring departure optionsif refused.
• Promote coping and wellbeing
 by facilitating access to communityservices and support networks.Where a person with an identifiedvulnerability, such as health concernsor torture experience, is supportedduring status determination,better outcomes for the individual,
Case ManageMent Model
Case planning
• informed decision making• timely and fair case resolution• improved coping and wellbeing• avoid unnecessary and wrongfuldetention
What is Case ManageMent?
Case management is a comprehensive and co-ordinated service delivery approach
widely used in the human services sector to ensure a co- ordinated response to, andsupport o, the health and wellbeing o vulnerable people with complex needs.
managers orm working relationships with individuals and amilies to empower, enhancetheir wellbeing and problem-solving capacities, resolve outstanding issues, provideinormation on how to obtain services and resources in their communities, and worktowards the protection o people who are not in a position to do so themselves, such as
children and youth in need of care or persons experiencing mental illness. Case managers
are generally social workers, psychologists or other human services proessionals.
cAse mAnAgement with migrAnts
Screening, assessment, case planning,intervention and ongoing revieware the key steps in the casemanagement process.
should take place asearly as possible, at the time ofirregular arrival, detection in thecommunity with irregular status, orlodging of an asylum or protectionclaim. Where an indication ofvulnerability or risk is present, theindividual should be referred forcomprehensive assessment.
Comprehensive assessment
followsan indication of risk or vulnerabilityduring screening, and provides a basisfor further decision making. Throughconsideration of all systems andfactors impacting on the individual,a case manager can identify andaddress issues regarding basic needsand protection, whilst also consideringsystemic and policy issues includingthe government’s need to manage aperson’s immigration status. The casemanager will engage with the clientand all key stakeholders, includingimmigration authorities, healthprofessionals, legal counsellors, familymembers and so forth to understandrisks; vulnerabilities; strengths; andwhat kind of support the client mayneed to ensure wellbeing and timelycase resolution. This may lead to arecommendation about appropriatemanagement responses.
Case planning
– Understandingthe needs and priorities of theindividual, and the individual’sunderstanding of their situation,may demonstrate what action isneeded to assist an expeditiouscase resolution, for example legalassistance or counselling to deal withexperiences of torture or trauma.Information gathered throughoutthe assessment process is thereforeconsidered and analysed with theclient, goals set, prioritised andaction plans put in place, outliningnecessary steps to reach goals,suggested timeline, and responsibleperson. Consideration and planning forpractical necessities, such as housing,health care, livelihood, social supportneeds, reporting requirements andlogistics is critical.
– The agreed case planis implemented, and should ensurecommunication, education, advocacyand facilitation of appropriate serviceinvolvement, assisting individualsto maintain a link to immigrationauthorities. Full engagement with theindividual and all key stakeholdersis critical in resolving immigrationcases and supporting vulnerableindividuals: facilitating regular caseconferences can be a productiveintervention. Using the ongoingrelationship between case managerand client, individuals are supportedto explore all possible immigrationoutcomes from the time of their casebeing opened.
Regular and ongoing review
 – As work and relationships develop,the case manager will continuouslymonitor the situation so any emergingneeds or change in situationis identified and responded toaccordingly, working towards acase outcome.
Case closure
– The case is closedwhen the individual departs thecountry or is granted the rightto remain in the country. In bothinstances, referral to another serviceprovider for ongoing assistance shouldbe considered if required.community and governmentare achieved, regardless of theimmigration outcome. For example,if the person is granted refugeestatus or visa, he or she may bemore likely to be well enough toengage with and make a meaningfulcontribution to society, such assupporting themselves and theirfamily. Alternatively, they may be ina better position to return home andresettle if their case is refused.
• Avoid unnecessary and wrongful
by ensuring case-by-case assessments of the risks,vulnerabilities and needs ofindividuals and exploring all optionsand supporting implementation ofappropriate decisions. With reliableinformation, authorities can makeinformed decisions related toactual flight risk or vulnerabilities.In addition, where a person isdetermined not to be a refugee oreligible for any other visa or status,case managers can support the clientto look at all remaining options,including departure.
the cAse mAnAgement process
strAtegies used by cAse mAnAgers in workingwith individuAls fAcing removAl includeexploring legAl options to remAin, thirdcountry options, relocAtion to Another AreAwithin the country of origin And repAtriAtionAssistAnce, Along with the flexibility to respondto bArriers fAcing return, such As stAbilisingheAlth conditions.

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