as a last resort, when it is necessary having exhausted all less restrictive alternatives, the practice of routinely detaining those who the court has ordered to be expelled, is disproportionate, arbitrary and not compliant with Ukraine’s international human rights obligations. This same law reform increased the maximum time limit for detention to 18 months. Previously, it was one year, and before May 2011 it was six months. 32) At present, there are two operating MDCs: in the Regions of Volyn (western region) designed to house 165 persons and Chernihiv (northern region) with a capacity of 208 detainees. A new MDC has been constructed in the Region of Mykolaiv (southern region), but is not yet operational. 33) When a person applies for asylum during their detention, they continue to be detained until the final asylum decision. A person granted asylum (refugee status or complementary protection), should be released following the appropriate notification of the migration service. 34) There are various concerns and inconsistencies with procedural guarantees and their implementation in relation to immigration detention. For example, the Constitution of Ukraine establishes that no one shall be arrested or held in custody except in accordance with a court decision and in accordance with the procedure established by law. However, the Law of Ukraine “On the Legal Status of Foreigners and Stateless Persons” establishes that illegally staying foreigners may be detained on the basis of a decision of the detaining authority. Moreover, Article 19.15-1 of the Law of Ukraine “On State Border Guard Service” stipulates SBGS officials’ competence to decide to detain foreigners and stateless persons.21 Thus this law has not been harmonised with the legislative amendments on detention applicable from 18 June 2016, which require a court order for such detention.22 35) Two positive provisions introduced concerning the immigration detention of foreigners and stateless persons are the mandatory participation of the person in a court hearing, and the exemption of plaintiffs from paying court fees for the appeal against their deportation in all instances. However, the right to be personally present at the court hearing is not always respected in practice. A less positive provision is that any appeal against the decision of the first instance court must be lodged within five days. Given the vulnerable position of persons subject to immigration detention, appeal within this timeframe is often impossible. 36) All detainees are entitled to primary legal aid in the form of advice given by the MDC administration as to rights and obligations of foreigners and stateless persons within the territory of Ukraine. From 1 July 2015, the right to secondary legal aid was granted to asylum seekers to challenge the rejection of their claims. Recently (since 18 June 2016) this right was also granted to foreigners and stateless persons detained for identification and removal, from the moment of arrest. Implementation of the right to free legal assistance in practice is not always smooth, for example, state legal aid centres did not have a budget for this work until July 2016. 37) In accordance with Law of Ukraine “On Amending Certain Legislative Acts of Ukraine as to Improvement of the Provisions on Judicial Protection of Foreigners and Stateless Persons, and Regulation of Certain Issues related to Counteraction to Illegal Migration” which came into force on 18 June 2016, two alternatives to immigration detention were introduced: 21 The Law of Ukraine N 661-IV on State Border Guard Service dated 3.04.2003 http://zakon2.rada.gov.ua/laws/show/66115/print1443083747350167 22Law of Ukraine “On Amending Certain Legislative Acts of Ukraine as to Improvement of the Provisions on Judicial Protection of Foreigners and Stateless Persons, and Regulation of Certain Issues related to Counteraction to Illegal Migration” available at www.rada.gov.ua 9