ņņ
Consider contacting the competent authorities of the country of possible
nationality in order to verify the identity and/or nationality of the person
concerned.31
Challenge the detention decision
BASED ON THE GROUNDS OF THE DETENTION
ņņ
Is there one or more grounds for detention and is this clearly specified in the
detention decision?
ņņ
Are these grounds in line with the UNHCR Detention Guidelines?32
ņņ
Are these grounds sufficiently reasoned?
BASED ON THE FACT THAT NO ALTERNATIVES TO DETENTION
WERE CONSIDERED INITIALLY
ņņ
Were alternatives to detention actively considered when the decision to detain
was taken?
ņņ
Was an individual vulnerability assessment carried out to inform the placement/
detention decision?
ņņ
Does the detention order justify why no alternative measure was used? Was it
related to the absence of documentation?
ņņ
Are there any alternatives to detention that the legal representative can put
forward at the next detention review (such as the provision of a guarantor,
reporting obligations for example)?
BASED ON THE ABSENCE OF REMOVAL PROSPECTS
ņņ
In the case that the person has received a removal, return, deportation or
expulsion order, what is the country of intended destination?
ņņ
Has he/she sought the assistance of the authorities, IOM, a lawyer or others to
return to his/her country of return?
ņņ
Did the immigration authorities in charge of these proceedings liaise with
the relevant authorities of the country of origin/return to obtain necessary
documentation? When did this process start? What was the outcome?
31
See UNHCR, Handbook on Protection of Stateless Persons, Para. 26 – 56.
32
See UNHCR Detention Guidelines, Para. 18 - 33.
A tool for their identification and enhanced protection
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