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Alternatives to detention and their practical implementation

Introducing the CAP model

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Alternatives to immigration detention

• International trends • International research findings• Benefits of alternative models for

government, community and individual

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Key findings

• Detention harms health and wellbeing• Detention interferes with human rights • Detention doesn’t deter• There are alternatives to detention• They are cheaper and more humane than

detention• They can be effective in meeting government

requirements of compliance and co-operation.

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1. Release provisions2. Community models3. Conditional release

Alternatives in practice

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1. Release provisions• Procedural safeguards (judicial

review, court order, parole, time limits etc)

• Administrative and discretionary release provisions

• Registration and documentation• Vulnerable group release• Own recognizance• Guarantors• Regularization• Adhoc

Alternatives in practice

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2. Community models:• Open reception centre• Ethnic community • Shelters• Family/community group/faith

based organisation/NGO• Case management programs

Alternatives in practice

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3. Conditional release:

• Individual undertakings – requirements on an individual to comply and cooperate

• Monitoring – Mechanisms such as reporting, registration or nominated address

• Supervision – Mechanisms such as interaction and evaluation of individual cases

• Intensive case resolution – Involves coordination and case management and return programs

• Negative consequences for non-compliance – such as bail, bond and surety arrangements

Alternatives in practice

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International research

Two key findings: 1) Mechanisms which prevent

unnecessary detention2) Strategies for effective and humane

case resolution in the community

The CAP model assists governments:• Assess their current detention policy and

explore the implementation of alternatives 

• Make informed decisions on individual placement, support and management requirements

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Presumption against detention

Ensuring a presumption against detention, and detention as a last resort in law and there is a legal mandate for alternatives in law, including:

• Certain vulnerable groups are not detained

• Grounds for detention as a last resort and limitations on detention are clearly outlined in law

• Procedures to direct officers to assess, explore and implement liberty and community-based alternatives in the first instance

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Screening & Assessment

Irregular migrants are often treated as posing similar risks.

States with screening and assessment processes are better placed to make informed decisions on the need to detain, not detain or conditional release, and under what circumstances.

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Individual Assessment

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Legal Obligations

Assessing the legal basis to detain:

– Whether alternatives are required or have been explored

– Groups that should not be detained– If other legal grounds for stay in a

country have been met, i.e. status or visa decisions

– Time limits pertaining to a person’s detention

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Identity, Health and Security checks

• Health checks on arrival • Identity - Release of individuals

cooperating with establishing identity or awaiting decision; sworn affidavits of identity.

• Security – Streamlined and reviewable checks related to national security and public order; release of individuals assisting and complying with security check process, avoiding prolonged detention.

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Individual case factors

Relevant in assessing risk of absconding:

– Stage in the migration process– Intended destination– Community ties– Belief in the process– Character

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Vulnerability Assessment

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Community Assessment

Assessing the community setting assists in determining factors that support or undermine a person’s ability to comply with liberty and release conditions:

• Ability to meet basic needs• Documentation• Legal advice and interpretation• Case management

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Case management model

• A way of working with refugees, asylum seekers and migrants in the community

• Focus on welfare, psychosocial needs and all immigration outcomes

• Preparing, supporting and empowering individuals throughout their immigration process

• Improves compliance with immigration requirementsPartnership

between civil society organisations and government is critical

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Conditional Release

• Individual undertakings• Monitoring• Supervision• Negative consequences for non-

compliance• Intensive case resolution

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Conditional Release

Intensive case resolution

Case management for complex cases Return preparation programs with case

management and legal support

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Intensive Case Resolution

Return preparation programs

Examples include:• Return preparation counseling• Legal advice on options to remain or

return lawfully• Health and welfare assistance• Travel and repatriation assistance (AVR)• Case management assistance

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Intensive Case Resolution

Case management strategies for cases facing return:

• Identify barriers to departure• Stabilize health and assist individuals cope

and have trust in the process• Assist individuals explore a long-term

sustainable solution, such as:– Exploring legal options to remain– Reassessment of new case information– Exploring third country options and

relocation to other areas in country of origin

– Exploring repatriation support needs

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Benefits of alternatives

to i

mmigration detention

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Ensuring compliance Asylum seekers and irregular migrants are a low

risk to abscond if they are awaiting a decision on their case.

Alternatives themselves mitigate risk of absconding (e.g. legal advice, case management etc.)

individuals are better able to comply and cooperate in the community if they:

– Are able to meet their basic needs– Have been through a fair and informed

process – Are supported to achieve sustainable long-

term solutions while awaiting a decision on their case.

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Benefits

• High rates of compliance• Cheaper than detention• Reduce wrongful detention and litigation• Reduce overcrowding and long-term

detention • Protect and fulfill human rights• Increase voluntary departure rates for

refused cases• Improve integration outcomes for

approved cases • Improve health and well being

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Benefits

• Alternatives cost less than detention 80% average saving, averaging $100 a

day

For example: A cost saving of 93% was noted in Canada, and 69% in Australia, on alternatives to detention compared to detention costs.

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Benefits

• Alternatives maintain high rates of compliance and appearance

90% average compliance rates

A recent study collating evidence from 13 programs found compliance rates ranged between 80% and 99.9%.

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Benefits

• Alternatives increase independent departure and voluntary return rates for refused cases

65% average – up to 82% reported

Examples in Canada, Australia and the US of both refused asylum seekers and irregular migrants had return rates of between 60% and 69%, while Sweden reported an 82% rate of return from the community among refused asylum seekers.

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Key message

The CAP model assists governments:• Assess their current detention policy and

explore the implementation of alternatives • Make informed decisions on individual

placement, support and management requirements

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Key message

By assessing the individual and community context and applying conditions in the community if required, governments can make informed decisions on individual placement, management and support requirements.

These mechanisms reduce the financial and human cost of immigration detention. while meeting government and community expectations.

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Thank you

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For more informationwww.idcoalition.org

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Essential components:

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