ņņ If not, what other avenues are used by stateless persons to access protection? (Consider factors such as administrative or judicial procedures to regularize their stay based on humanitarian grounds, refugee status, subsidiary protection, tolerated stay etc.) The general framework related to immigration detention should also be examined. One tool which may assist in gaining an understanding of the detention-related legislative framework, policies and practice is UNHCR’s Detention Checklist.21 The following questions from this checklist are particularly relevant: 14 ņņ What international, regional and national legislation is applicable to immigration detention? ņņ Is there a limit to the maximum period of detention according to the law?22 ņņ Does national legislation provide for the initial decision to detain to be systematically followed by a judicial or independent administrative authority decision to release or detain? What is the timeline for this initial review? ņņ Does national legislation provide that the detention decision is subject to periodic review? If so, which authority is responsible for the detention reviews and what is the frequency of these reviews? ņņ In practice, what is the procedure for the review of detention decisions? Is the review automatic or does it need to be requested? Is it individualized? How often do such reviews take place? ņņ Does national legislation provide for individuals to have the right to challenge their detention before a court of law? Is the right to bring such a challenge effective in practice?23 21 See Annex 3 of UNHCR, Progress Report mid-2016. Beyond Detention: A Global Strategy to support governments to end the detention of asylum-seeker and refugees, 2014-2019, August 2016, available at: http://www.refworld.org/docid/57b850dba.html. 22 Where a limit to the maximum period of detention is not yet set in law, case law may provide a reference. 23 To be effective, the right to challenge the detention should be preceded by information about this right. The judicial review should entail an oral hearing with free legal assistance as it is also available to nationals similarly situated. If required, linguistic assistance should provided free of charge. STATELESS PERSONS IN DETENTION