93.
USA. US Immigration and Customs Enforcement.
Parole of Arriving Aliens Found to Have a Credible
Fear of Persecution or Torture. Paragraphs 4.1 to
4.3. Available at: http://www.ice.gov/ (accessed
on 24 April 2013).
94. Australian Government. Department of Immigration and Citizenship. Immigration Detention and
Community Statistics Summary. 31 August 2013.
p. 10. Available at: www.immi.gov.au (last accessed on 23 September 2013).
95.
TECT project gathered six organisations from Bulgaria, France, Germany, Hungary and the Netherlands, with IRCT as an international partner.
105. Bulgaria, France, Germany, Hungary, Italy, Poland,
Spain, Sweden, and the United Kingdom.
106. RC v Sweden (Application no. 41827/07), Judgment of 9 March 2010 [Section III].
107. Ibid. Paragraph 53.
108. Ibid. Paragraph 53.
New Zealand Human Rights Commission. Select
Committee report on Immigration Amendment
Bill 2012 fails human rights test. 28 August 2012.
Available at: http://www.hrc.co.nz/2012/selectcommittee-report-on-immigration-amendmentbill-2012-fails-human-rights-test (accessed on 3
May 2013).
109. Council Directive 2005/85/EC of 1 December 2005
on minimum standards on procedures in Member
States for granting and withdrawing refugee
status. The Directive is binding for all EU Member
States except the UK, Ireland and Denmark. The
UK and Ireland are still bound by the first-phase
Asylum Procedures Directive.
96. For further discussion on this issue see: Poole
G.E. and Dr Saeid A. Boat People, Public Policy
and Humanitarian Alternatives to Detention, a
Policy Paper from the Refugee Council of New Zealand. September 2011. Available at: http://www.
rc.org.nz/news.html (accessed on 21 May 2013).
110. Directive 2013/32/EU of the European Parliament
and of the Council of 26 June 2013 on common
procedures for granting and withdrawing international protection. OJ L180/60.
97.
UN Committee against Torture. General Comment
No. 3. Paragraph 13.
98. Directive 2003/9/EC of 27 January 2003 of the
European Parliament and of the Council laying
down minimum standards for the reception of
asylum seekers. The Directive aims to ensure a
dignified standard of living for asylum seekers
and comparable living conditions within the EU,
as well as to strengthen the legal framework of
national reception practices. It contains a number
of important rights concerning the entitlement to
adequate material reception conditions, including
accommodation, food, clothing and financial allowances, access to healthcare, the labour market
and freedom of movement within the EU. Specific
provisions are laid down which deal with vulnerable persons, including minors, unaccompanied
children, pregnant women and victims of torture
and violence. Denmark, Ireland and the United
Kingdom negotiated an opt-out so are not bound
by the directive. The IRCT provided its comments
to the Commission’s proposal to recast the RCD in
December 2011.
99. Directive 2013/33/EU of the European Parliament
and of the Council of 26 June 2013 laying down
standards for the reception of applicants for international protection. OJ L180/96.
100. “Vulnerable person” is defined in accordance with
Article 21 and with reference to Article 2(k).
101. Directive 2013/33/EU. Article 25(1).
102. Ibid. Article 29 states: “Member States shall take
appropriate measures to ensure that authorities
and other organisations implementing this Directive have received the necessary basic training”
and “shall allocate the necessary resources in
connection with the national law implementing
this Directive”.
103. UN Committee against Torture. General Comment
No. 3. Paragraph 15.
104. PROTECT Project: Process of Recognition and Orientation of Torture Victims in European Countries
to Facilitate Care and Treatment, available at:
www.protect-able.eu. Lead by France, the PRO-
111. Freedom from Torture. Body of Evidence: Treatment of Medico-Legal Reports for Survivors of
Torture in the UK Asylum Tribunal. May 2011. The
report focuses on how MLRs produced by the organisation are considered by immigration judges
in the Tribunal, assessing judges’ compliance
with good practice standards and guidelines. Although the report focuses on the Tribunal stage
of the asylum procedure, it makes some important recommendations to the UK Border Agency
(UKBA) on the need to improve the quality of initial decision-making, reflected in the high appeal
overturn rate which is documented in the report.
112. UKBA, Handling claims involving allegations of
torture or serious harm: Interim Casework Instruction (Non Detained Pilot), July 2011. This pilot
scheme has now ended and updated guidance
is due to be published by the end of 2013. For
further information, contact Zoe Harper, Law and
Policy Officer at Freedom from Torture: zharper@
freedomfromtorture.org
113. Jesuit Refugee Service. Becoming Vulnerable in
Detention (The DEVAS Project). June 2010. p.104.
Available at: www.jrseurope.org (accessed on 21
May 2013).
114. Council of Europe Commissioner for Human
Rights. Speech to the ECRE Annual General
Conference: Asylum and Human Rights: Trends
and priorities for Action. 17 October 2012. Available
at:
https://wcd.coe.int/com.instranet.
InstraServlet?command=com.instranet.CmdBlob
Get&InstranetImage=2178517&SecMode=1&DocI
d=1950030&Usage=2 (accessed on 21 May 2013).
115. Council of Europe Parliamentary Assembly. Resolution 1707 (2010) on the Detention of asylum
seekers and irregular migrants in Europe. Adopted by the Assembly on 28 January 2010. Paragraph 4. Available at: http://assembly.coe.int/
Mainf.asp?link=/Documents/AdoptedText/ta10/
eRES1707.htm (accessed on 17 May 2013). It also
reiterated that the grounds for immigration detention are limited by Article 5.1(f) of the ECHR, meaning that detention should be used only as a last
resort, and only if less intrusive measures have
been tried but found to be insufficient.
116. UNHCR. Detention Guidelines - Guidelines on the
Recognising victims of torture in national asylum procedures / 85
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents