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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