E/CN.4/1999/63/Add.3 page 6 whenever possible, and authorizes detention only when there is no alternative. Once detention is authorized, it is to be kept under close review to ensure that it continues to be justified. If the person concerned is not likely to comply voluntarily with any restrictions imposed upon him/her, then he/she is required to be detained. Such assessment is, however, made in the light of the person’s immigration history and circumstances. An illegal entrant who lives at a settled address, has steady employment and a subsisting relationship is more likely to adhere to the restrictions imposed than a single unemployed person with no fixed abode. Factors relevant in making an assessment of the necessity to detain will include any compassionate circumstances, such as a medical condition of the subject or of a dependent relative, the likely length of detention and the expectation of removal within a reasonable period. Accordingly, detention is opted in respect of persons who show real disregard for immigration laws and who are able to be removed within a realistic time-frame. 11. The criteria for detention are also laid down in the guidelines; these are set out hereunder: (a) Is there any evidence of previous absconding from detention? (b) Is there any evidence of previous failure to comply with conditions of temporary admission/release or bail? (c) Has the subject shown blatant disregard for the immigration law (e.g. entry in breach of a deportation order, attempted or actual clandestine entry)? (d) Has the subject attempted to gain entry by presenting falsified documentation? (e) Is there a previous history of complying with the requirements of immigration control, e.g. by applying for a visa, etc.? (f) What is the likelihood of the person being removed (especially in asylum cases) and, if so, after what period of time? (g) What are the person’s ties with the United Kingdom? Does he/she have a settled address/employment? Are there close relatives (including dependants) in the United Kingdom? (h) What are the individual’s expectations about the outcome of the case: are there factors, e.g. an outstanding application for judicial review, representations or an appeal, which afford an incentive for him/her to keep in touch with the Department? 12. The Instructions of 20 September 1994 stipulate that the Government’s policy is to authorize detention only when there is no alternative. They state that the case for detention of an asylum seeker when he first makes his claim must be particularly strong. The policy does not encourage detention of individuals for lengthy periods, if it would be practical to effect detention at a later stage, when rights of appeal have been exhausted. The rationale is that a person who has an appeal pending or representation outstanding will

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