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P. 1
Step 4 in the handbook

Step 4 in the handbook

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Published by: International Detention Coalition on May 10, 2011
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036
particular circumstances. I an appropriate visa orstatus has not been developed, such documentationmay state that a deportation order will not be eecteduntil a particular date or outcome is achieved (as per‘own recognisance’ Box 5 Hong Kong). Although thisdocumentation is most oten issued by the governingstate, asylum seekers and reugees in some countriesrely on the identication documents issued by UNHCRto deend their presence in the territory and guardthemselves rom being detained unnecessarily (see Box4 Philippines and Box 10 Indonesia).Documentation and identication papers areimportant because they can ensure that people whohave already been screened by authorities are notpicked up by another branch o the government andgo through the whole process again, wasting resources.This documentation can also be used in the communityby service providers to identiy those migrants whoare eligible or their services. Given most states haveprocesses or issuing visas or other documentationto legal migrants, this can be an area to build onor modiy existing structures to assist in managingirregular migrants and asylum seekers.
128
Step 4.
4.4 Apply conditions in thecommunity setting if necessAry
As shown in Section 4.3, case management, legaladvice, basic needs and documentation create astrong context rom which asylum seekers andirregular migrants can participate in the administrativeprocedures associated with resolving their migrationstatus. Satisactory outcomes can oten be achievedin those contexts without extra conditions whenthere is no evidence the individual does not intend toparticipate in immigration procedures ully.However, or those individuals with a history o non-compliance or where there are other serious concernsidentied through the screening process, there area range o mechanisms understood to promoteand enorce compliance that do not place unduerestrictions on reedom o movement. These conditionsare what are usually described as ‘alternativesto detention’. Unortunately, there is very limiteddata available documenting the specic levels oeectiveness o each o these mechanisms.
133
The datathat is available has been noted with each mechanism.These mechanisms variously rely on:
• Individual undertakings• Monitoring• Supervision• Intensive case resolution• Negative consequences for non-compliance
By identiying the mechanisms underlying variousconditions, we can see how a program o response canbe constructed that is appropriate or the individual
case. Many ‘alternative to detention’ programs integrate
a number o these mechanisms, along with legal advice,case management, basic needs and documentation, tocreate eective management programs in a communitycontext. The use o conditions can be re-negotiatedor amended as a person’s circumstances change. Forinstance, reassessment o a case due to non-complianceor a negative visa or status decision may lead to anincrease in conditions, while when an individual isworking well with authorities a decrease in conditionsmay be appropriate. It is important that the applicationo conditions is independently monitored to ensurethat any conditions or restrictions are applied in limitedcircumstances and only when necessary,
134
as in the 30-day limit on conditions in Venezuela (Box 1).It should be noted that the undue applicationo additional conditions can increase the costs ocommunity management programs unnecessarilywhile also decreasing eciency. Compliance issuesmay arise when conditions create an unmanageable orunair burden or the individual. For instance, in-personreporting that is too onerous due to lengthy or costlytravel, regular interruption to legal employment, or orthose caring or children or the sick has sometimesresulted in non-compliance despite the individual beingwilling to remain in contact with authorities. I such
requirements are too onerous, or are required at high
levels over long periods o time, compliance can beinadvertently compromised.
4.4.1 iva ak
Many authorities do not allow an individual to remain
in the community unless that person has undertaken
 
037
certain commitments to assistin the progress o their case andto respect restrictions on theirparticipation in society, as seenin Box 1 Venezuela, Box 2 NewZealand, Box 5 Hong Kong, Box 10Indonesia, Box 14 Canada and Box16 Australia. Individuals may be
required to undertake a range of
things, including to:
• Appear at immigration hearings or interviews• Undertake acts to assist case resolution• Respect visa or residency status conditions
Aa a a a  vw
An individual may be required to commit to appear
at any hearings or ocial interviews with authoritiesregarding their visa application or migration status,as seen in Box 2 New Zealand. Such a commitmentreinorces the importance o attending appointmentsto progress the migration matter and work towardscase resolution. Attendance at such hearings aresometime also used as an opportunity to re-evaluatethe conditions o release in the community should anegative decision on a visa application or other statusbe received.
uak a  a a 
An individual may be required to commit to
undertake acts to assist in the resolution o
their case. This may include a requirement
to present urther evidence in supporto their claims by a certain date, such asurther documents or witnesses. This mayalso include a commitment to take steps inpreparation or return, such as purchasingtickets to leave the country and applying or a passportor other travel document, as seen in Box 2 NewZealand and Box 16 Australia.
r va   a 
Another orm o commitment is an undertaking torespect the conditions imposed on them throughthe short-term visa or other temporary status issued.Such a commitment can sometimes place limitationson a person’s participation in the structures osociety, such as limitations on access to social welarebenets, public healthcare or employment; however,there is no evidence that such restrictions encouragecase resolution or compliance. Instead it appears, asdescribed in Section 4.3.3, that the ability to meetbasic needs contributes to community-based caseresolution. Another condition may be that the holder isnot permitted to leave the country without permission.For an example, see Box 10 Indonesia.
4.4.2 m
Authorities oten make use o monitoring mechanismsto ensure that irregular migrants remain in contactwith authorities and can be located to participate in
the progress of their migration case as required.
135
 
Monitoring mechanisms are designed to establish and
maintain a line o communication and to keep track o
an individual’s whereabouts. Monitoring differs from
supervision or case management in that it does notprovide opportunities to communicate or respondto substantial matters, such as changes in a person’s
situation or concerns regarding compliance. Monitoring
mechanisms include:
• Registration with authorities• Nominated address• Handover of travel documents• Reporting requirements• Directed residence
ra w a
Registration provides authorities with acentral database o all relevant cases andis oten closely linked with the issuingo documentation. This strategy is wellestablished in many countries, however itsuse is still growing in some regions. Forinstance, the use o registration processes withasylum seekers and reugees in Uganda, Zambia andKenya has resulted in ewer people being detainedunnecessarily.
136
For an example, see Box 10 onIndonesia.
na a
Providing a nominated address can be used in a rangeo ways. Some countries use this mechanism largelyto ensure that all ocial communication about the
Registrationwith authorities:Uganda, Zambia,Kenya, IndonesiaIndividualundertakings: New Zealand,Japan, Philippines,Hong Kong,Canada, Australia,Indonesia
 
038
progress o the case willbe received, while other
governments require an
address to be registeredto monitor movementand ensure the individualcan be located in thecommunity.
137
Theaddress that can beregistered depends on these various purposes: it maybe the personal, residential address o the individual(including that o an accommodation acility) or it maybe another address, such as that o the person’s legalcounsel. Nominated or registered address is used inCanada (Box 14).
hav  av 
When an individual is assessed as a high risk otransit or absconding, authorities may decide to takepossession o the individual’s travel documents, suchas a passport, until migration matters are resolved.This is seen as an eective strategy to reduce the useo asylum processes to gain entry to a territory towork unlawully or short periods o time.
138
 Authorities must ensure that such documentsare kept in secure locations and can beretrieved by the individual should they decideto depart the country voluntarily. In addition,appropriate documentation needs to beissued as a replacement so that the individualcan continue with everyday activities that
require identication and to protect them
rom unnecessary detention. This strategy is used inHungary, Poland, Austria
139
and Canada (Box 14).
r q
Reporting acts as a monitoring mechanism to ensurethe individual remains known to and in contact with
authorities. This may require a person to present
themselves at set intervals at an immigration oce,police station or contracted agency and sign a registerdocumenting their presence. Telephone reporting can
require the individual to call a particular number at
set times, sometimes rom a set telephone number,and record a statement which is veried using voicerecognition technology.
140
The use o reporting
Screen and assess the individualAssess the community settingApply conditions if necessary
Legal obligations
Case management
Individual undertakings
Identity, health and security
Legal advice
Monitoring
Vulnerability
Ability to meet basic needs
Supervision
Individual case factors
Documentation
Intensive case resolution 
Negative consequences
Box 10.
Reporting requirements as a monitoring mechanism – Indonesia
Through a Directive of the Director General ofImmigration, Indonesia has established thatirregular migrants holding attestation letters orletters verifying their status as refugees or asylumseekers by UNHCR should be allowed to remainin Indonesia.
142
It does not provide legal statusbut rather prevents detention by permitting theircontinued presence on the territory. Such individualsmust be registered with the immigration authoritiesand sign a Declaration of Compliance while theirapplication or resettlement is being processed byUNHCR. This Declaration allo
 
ws them to live outsideof detention. The Declaration stipulates certainconditions, including that the refugee:
• must stay within a designated area;• is not allowed to be in an airport or seaportwithout an immigration officer present;• is not allowed to have guests stay in theaccommodation provided;• must fully comply with Indonesian laws; and• must report to immigration every two weeks to
register their presence.The Declaration also states that any violationswould most likely result in their being placed indetention. The letters of attestation, along withthe Declaration of Compliance, provides a reliableform of documentation to reduce unnecessaryinstances of detention, while limitations on traveland reporting requirements provides monitoringof asylum seekers and refugees for authorities in atransit country.
Nominatedaddress:Spain,Hungary, Belgium,Australia, NewZealand, Romania,Switzerland, theUnited KingdomHandover oftravel documents:Hungary, Poland,Austria, Australia,Luxembourg,Canada, Norway,Sweden

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