Wed, Nov 09, 2011 page3

• Detention, deportation rules amended

  FOREIGNERS: Activists said the changes failed to incorporate their proposals, such as capping the detention period at a maximum of 30 days and only one extension

  • By Shih Hsiu-chuan / Staff Reporter
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  The legislature yesterday approved changes to the rules on the deportation and detention of foreigners with a view to safeguarding human rights, but a group of activists representing foreign spouses said the amendment did not make any deep or far-reaching changes.

  According to the amended Immigration Act (入出國移民法), the National Immigration Agency (NIA) would exempt overstaying foreigners from deportation if they apply for a visa extension within 30 days after the expiration date.

  Lawmakers also wrote into the act what has already been taking place in practice — that foreigners can be deported when their reasons for residence no longer exist, their resident permits have been revoked, or their Alien Resident Certificate has been canceled.

  To bring the rules on deportation in line with the International Covenant on Civil and Political Rights, the legislature required the NIA, unless otherwise specified, to call a review meeting ahead of a decision on forced deportation to hear statements from the parties concerned.

  Currently, the NIA has the discretion whether to call such a meeting.

  The legislature demanded that the agency consult judicial authorities with regard to criminal investigations involving foreigners so as not to expel them from the country when the cases are still being probed.

  Lawmakers also removed the NIA’s authority to force both Republic of China (ROC) nationals and foreigners who are held in detention to work.

  They also removed an item from Article 38 of the law giving the NIA the power to detain foreigners for as long as it determines it is necessary.

  After the amendment takes effect, the agency can only place foreigners in custody under specific circumstances, such as when they are required to leave the country but failed to do so within seven days, when they enter the country without a proper permit, when they overstay their visa, or when they are on foreign governments’ wanted lists.

  The legislature amended an article to address the much-criticized problem of prolonged pretrial detention of foreigners in the country, but it did not set a maximum limit on the period of detention.

  Under the current act, detention may not exceed 60 days, but if necessary, the NIA can extend the period until the alien is deported.

  The amendment allows the agency to extend the detention period by another 60 days if it considers it necessary after the initial detention is completed.

  In cases where detained foreigners lost their passports or other travel documents, the NIA can extend their detention period again with no time limit. However, the agency must deport the foreigner within 30 days after their new documents are ready.

  TransAsia Sisters Association, Taiwan, a group representing immigrant women from Southeast Asian countries, said the changes failed to incorporate the opinions of the organization.

  The organization had proposed 10 points to revise the act, but none were adopted.

  As an example, the organization suggested a maximum detention of 30 days and limiting any extensions to only one more 30-day period.
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