Alternatives to detention
and their practical implementation
Tallinn, Estonia 2014
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Session overview
1. Global trends
2. Key international research findings on alternatives to
detention
3. Description of alternative models
4. Reflection on successful development and
implementation strategies
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Global trends
1. States are increasingly concerned about effective
migration management, especially with regards to
irregular migration.
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Custodial detention models have proven financially costly.
Custodial detention has led to criticism for their impact on
human rights.
No evidence that detention deters.
1. There is an increasing global awareness, exploration
and implementation of alternatives to detention.
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Alternatives to Detention (ATD)
Any legislation, policy or practice
that allows for asylum seekers,
refugees and migrants to reside in
the community with freedom of
movement while their migration
status is being resolved.
Photo: Migrant shelter in
Lebanon
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• Research conducted
in 28 countries
• Highlighting
spectrum and the
benefits of ATD
• Community
Assessment and
Placement (CAP)
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Key findings
ATD programs are most successful when:
Key research
findings
1.Individuals are informed and feel they have been
through a fair process
1.Focus on early intervention
2.Provide holistic case resolution and case
management, not simply a focus on return
1.Conditions are not overly onerous / setting up
people to fail
1.Allow individuals to meet their basic needs
(housing, legal & welfare supports)
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Benefits
Overview
The benefits of ATD are many:
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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 health and well being
• Improve integration outcomes for approved
cases
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Benefits
Compliance
• 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
Cost savings
•
Alternatives cost less than detention.
On average 80% cost savings
Averaging ATD cost globally is $100 / day
• For example: A cost saving of 93% was noted in
Canada, and 69% in Australia, compared with
custodial detention costs.
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Benefits
Voluntary return
• 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
demonstrated 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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Step 1
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 and assessment
Step 2
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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Informed decision making
Avoid wrongful detention
Minimise use of resources
Minimise harm
Prevent unnecessary immigration detention
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Screening and assessment
Step 2
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Screening and assessment
Step 2
Vulnerability
considerations
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Screening and assessment
Step 2
Individual case
factors
Assessing relevant strengths and risks, often
times related to compliance:
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Intended destination
Community ties
Trust/Belief in the process
History
Stage in the migration process
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Screening and assessment
Step 2
Individual case
factors
Asylum seekers and irregular migrants are a low
risk to abscond if they are awaiting a decision on
their case. They 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 longterm solutions while awaiting a decision on
their case.
• In transit contexts, individuals appear less
likely to abscond, if they are not at risk of
detention and refoulement, and remain hopeful
of future prospects.
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Screening and assessment examples
• USA
• New Zealand
• Tanzania
• Sweden
• Lebanon
• Australia
• Jordan
• Belgium
• Kenya
• Hong Kong
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Step 3
The community
setting
Assessing the community setting assists in
determining factors that support or undermine
a person’s ability to remain engaged in
process and comply with authorities during
case resolution. Decisions regarding referral,
support and management required can then
be made.
Ensuring people can meet their needs and rights
are a priority. It is “[o]nly when [irregular migrants]
know where they can sleep can they begin to
concentrate on other things.”
Interview in Turkey, February 2013
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Step 3
Case
management
The community
setting
Case management is a strategy for supporting and
managing individuals whilst their status is being
resolved, with a focus on informed decision-making,
timely and fair status resolution, exploring all options
and improved coping mechanisms and well-being on
the part of individuals.
•Focus on welfare, psychosocial needs and all
immigration outcomes
•Preparing, supporting and empowering individuals
throughout their immigration process
•Improves cooperation and compliance with
immigration requirements
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Step 3
Case resolution
The community
setting
Successful case management strategies focus
on case resolution for those 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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Community support examples
• Documentation
• Legal aid
• Safe spaces to access information, emergency
assistance (e.g. drop in centers)
• Shelters
• Open reception centres
• Assisted voluntary return programs
• Family or ethnic community
• Self sufficient/own recognizance
• Case management
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Step 4
Apply conditions
if necessary
 Individual undertakings - Requirements on
an individual to comply and cooperate
 Monitoring & Supervision - Mechanisms
such as reporting, registration or nominated
address
 Negative consequences for noncompliance - Such as bail, bond and surety
arrangements
 Intensive case resolution - Involves
coordination and case management and return
programs
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Detention as a last resort
Step 5
Detention should only ever be used as a last resort
When it is used, it must be:
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Based in law
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Individualised
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Necessary
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Proportional
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Least restrictive
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Time-limited / subject to review
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Independent access and monitoring
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How have ATD models been developed?
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Legislative reform
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Policy developments
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Research
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Working groups
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Pilots and programs
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Summary
By assessing the individual context, referring to
community programs and applying conditions in the
community if required, governments can make informed
decisions on individual placement, management and
support requirements.
ATD mechanisms can 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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