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

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