Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention. 2012. Guideline 9.1, paragraph 49. Available at: http://www.unhcr.org/refworld/ docid/503489533b8.html (last accessed on 23 September 2013). 117. Ibid. Guideline 9.1, paragraph 50. 118. Australia. Department of Immigration and Citizenship. Immigration Detention Torture and Trauma Policy. Published 3 April 2009. Available at: http://www.asrc.org.au/ (accessed on 24 April 24, 2013). See p.3 in particular. 119. The IRCT member centre in Australia — VFST — noted in its response to question 16 that, “There is a policy of minimising the time victims spend in detention, but it is not implemented”. 120. Australian Human Rights Commission. 2011 Immigration detention at Curtin, Observations from visit to Curtin Immigration Detention Centre and key concerns across the detention network. Available at: http://www.humanrights.gov.au/ publications/2011-immigration-detention-curtin (last accessed on 23 September 2013). The report highlights that only one person had been referred from immigration detention into community detention since June 2010, despite there being over 100 torture victims at the time of the Commission’s visit. There was concern that due to the remoteness of the detention centre, it was difficult to provide access to off-site counselling and as there were only two counsellors working onsite, there was a waiting list of approximately 25 clients. 121. United Kingdom. The Detention Centre Rules 2001 is the statutory instrument outlining the special regulations for the management of Immigration Removal Centres. It includes a provision (“Rule 35”), designed to safeguard victims of torture and other vulnerable persons within detention. 122. UK Border Agency. Detention Rule 35 Process. Available at: http://www.ukba.homeoffice.gov. uk/sitecontent/documents/policyandlaw/asylumprocessguidance/detention/guidance/rule35reports.pdf?view=Binary (accessed on 17 May 2013). 123. UK Border Agency. Enforcement Instructions and Guidance, Detention and Removals. Chapter 55; section 55.10. Available at: http://www.ukba. homeoffice.gov.uk/sitecontent/documents/policyandlaw/enforcement/detentionandremovals/ chapter55.pdf?view=Binary (accessed on 17 May 2013). 124. United Kingdom. HM Chief Inspector of Prisons. Report on an unannounced full follow-up inspection of Harmondsworth Immigration Removal Centre. 14-25 November 2011. p.5. Available at: http://www.justice.gov.uk/downloads/publications/inspectorate-reports/hmipris/immigrationremoval-centre-inspections/harmondsworth/harmondsworth-2011.pdf (accessed on 17 May 2013). 125. Ibid. Section 3.22, p.37. 126. Medical Justice. The Second Torture: The immigration detention of torture survivors. 2012. p.87. Available at: http://www.medicaljustice.org.uk/ (accessed on 17 May 2013). 127. Ibid. pp.88-89. 86 / Recognising victims of torture in national asylum procedures 128. Ibid. pp.92-93. 129. Ibid. p96. 130. Germany. Parallel Report complementing the 5th Periodic Report of the Federal German Government (CAT/C/DEU/5). 13 October 2011. Available at: http://www.bzfo.de/homeen.html (accessed on 24 April 2013). 131. Council Directive 2003/9/EC of 27 January 2003 (Reception Conditions Directive), Article 17. 132. This so-called “airport procedure” was discussed in Part 2, in relation to question 15 on accelerated procedures. 133. 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. Article 11(1). 134. The lack of a requirement to carry out a full medical evaluation, to ensure that detention does not have a detrimental effect on the health of the applicant, ignores the UNHCR’s Detention Guidelines - Guidelines on the Applicable Criteria and Standards relating to the Detention of AsylumSeekers and Alternatives to Detention, 2012, available at http://www.unhcr.org/refworld/ docid/503489533b8.html. Guideline 8, paragraph 48(vi) states: “A medical and mental health examination should be offered to detainees as promptly as possible after arrival, and conducted by competent medical professionals…Where medical or mental health concerns are presented or develop in detention, those affected need to be provided with appropriate care and treatment, including consideration for release.” 135. Directive 2013/33/EU. Article 11(6). 136. Directive 2013/32/EU. Article 24. The assessment of applicants in need of special procedural guarantees is meant to be carried out “within a reasonable period of time”, in line with Article 22 of the renegotiated Reception Conditions Directive (2013/33/EU). 137. Ibid. Article 24(2). 138. Canada. Protecting Canada’s Immigration System Act (S.C. 2012, c. 17). Available at: http://lawslois.justice.gc.ca/ (accessed on 24 April 2013). 139. Canada. Citizenship and Immigration Canada. Changes at the Immigration and Refugee Board Canada (IRB). Available at: http://www.cic.gc.ca/ english/refugees/reform-irb.asp (accessed on 24 April 2013). 140. Canada. Canadian Council for Refugees. Comments on the Proposed Regulations Amending the Immigration and Refugee Protection Regulations. Published in the Canada Gazette; Part I. 4 August 2012. Available at: http://ccrweb.ca/en/ comments-regulations-processing-timelines (accessed on 24 April 2013). 141. Canada. Order Respecting the Interim Federal Health Program (IFHP). 2012 (SI/2012-26). Available at: http://laws-lois.justice.gc.ca/eng/regulations/SI-2012-26/FullText.html#cn-tphp (accessed on 24 April 2013). The IFHP was initiated in 1957 to provide health care benefits to vulnerable groups who are not otherwise eligible for coverage under provincial insurance plans, and who cannot make a claim through private health insurance.

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