how long do asylum seekers stay in detention centres
However in Bulgaria and Hungary and (to a lesser extent) Romania, this does happen in practice with up to 1,821 unaccompanied children in detention in Bulgaria in 2016. Unaccompanied children are detained in police stations and pre-removal facilities on the mainland (“protective custody”) or in Reception and Identification Centres on the islands in unacceptable detention conditions. Another major practical barrier to asylum seekers’ communication with NGOs is that they do not have access to free telephone calls. Asylum seekers in Australian detention centres are held for an average of more than nine months, far longer than international standards. The National Commission of Audit found the annual cost of detaining an asylum seeker in Australia was $239,000 in 2013-14, up from $179,000 in 2011-12. The average time asylum seekers are detained is … Due to the lack of accommodation facilities or transit facilities for children, detention of unaccompanied children is systematically imposed. Moreover, access of lawyers, UNHCR officials and notaries to detention places seems to vary from one Removal Centre to another, Access is reported to be problematic in Izmir (Harmandalı) due to lack of access to a telephone. Article 10(1) provides that Member States can resort to detention of applicants in prisons where no specialised detention facility is available and only on the condition that applicants shall be kept separately from ordinary prisoners. It remains very difficult for a detained asylum seeker to access the legal aid mechanism by him or herself, especially since the authorities do not provide information on the right to legal assistance in a language understood by the individual. Family visits are therefore sometimes simply cancelled for the morning. Article 9(7) of the recast Reception Conditions Directive obliges Member States to provide access to free legal assistance for review of detention. "The government needs to come clean on this," he said. In Switzerland detention of children varies between cantons. Protective custody is subject to no minimum time limit. In Belgium, since 2009 families with children have not been detained in practice, but in his policy note of late 2017 the Secretary of State announced the opening of closed centres for families close to the 127bis repatriation centre near the Brussels National Airport at the beginning of 2018, with a view to carrying out returns. In Switzerland, the organisation ELISA which currently provides legal assistance to asylum seekers in the airport of Geneva fears that the new construction project of a reception centre within the airport (with no access to the public transit zone) will make the contact with asylum seekers more difficult. She warned increased unrest, anxiety, anger and self-harm – including among young children – would be the inevitable outcome of longer periods in detention. Executive director of the Refugee and Immigration Legal Centre David Manne said the onus was "squarely on the government to explain why so many people should be detained for so long". Before this agreement, the CIE had a stronger penitentiary character and social assistance to detainees was much more limited. It must end now because conditions in detention are abominable. In Serbia, there are legal provisions on the detention of vulnerable applicants, but this never happens in practice. However, the Spanish Ombudsman issued several recommendations in December 2017 to improve the situation in the CIE, as the change envisioned by the CIE Regulation has not yet been realised. Figures on the detention of asylum seekers across selected European countries in 2017 show vast differences in the total number of asylum seekers placed in detention: It should be noted that the number of asylum seekers subject to detention may include both persons who applied for asylum from detention and persons who were placed in detention after lodging an asylum claim. The average number of days in detention has risen every month for the past eight months, reaching highs that have not been seen since November 2011. The Australian average far exceeds that of other countries. Procedure for accessing legal aid: in Cyprus, applications are subject to a means and merits test, the latter part of which requires the applicant to raise points to establish that there is a real chance of success in their case. "Children and their parents are being used as a form deterrence. In fact, approximately 48 percent of people we work with are held in immigration detention for 2 to 4 years, although about 5 percent of people are held in immigration detention for over 4 years. Other practices: In Germany, detention of both accompanied and unaccompanied children seldom occurs. Detainees cannot obtain legal aid to instruct a lawyer other than those with a contract for that centre. The situation of access to detention facilities became highly problematic in. In some centres in France, such as Marseille, the frequent lack of police staff leads the police to focus on surveillance rather than allowing family visits to take place. "It’s very common to hold people in detention to do security, identity and health checks. Residence restrictions: Residence restrictions are very often applied as an alternative to detention, although Austria, Belgium, Bulgaria, Slovenia and Sweden do not provide for this. Access to detention facilities: in Spain, several obstacles faced by lawyers and interpreters to access the CIE have been reported which hinder access of detainees to legal assistance. The article also states that minors are only to be detained as a measure of last resort and for the shortest period of time. Australia’s Christmas Island detention centre was reopened after being upgraded at the cost of $26.8m. "In other words, children and their parents are being used as a form of deterrence, which, as we well know, is contrary to the Refugee Convention.". The alternatives to detention mentioned in Article 8(4) of the recast Reception Conditions Directive are regular reporting to the authorities, the deposit of a financial guarantee, and an obligation to stay at an assigned place. It is however not applied in practice in Bulgaria, Cyprus, Greece, Poland, Hungary, Spain, the United Kingdom and Turkey, for various reasons: Budget constraints: in Bulgaria, legal aid has not been provided to detainees as of the end of 2017 due to National Legal Aid Bureau’s budget constraints, although a pilot project financed by AMIF will launch legal aid to asylum seekers for the first time in Bulgaria, covering vulnerable applicants.
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