ņņ Can the person concerned challenge the detention on the basis that there are no return/removal prospects? ņņ Can the person concerned challenge the return/removal order? ņņ In preparing to challenge the detention decision and/or the return/removal order, consider referring to relevant national and regional jurisprudence.33 BASED ON THE UNREASONABLE LENGTH OR THE ABSENCE OF LIMITS ON THE MAXIMUM PERIOD OF DETENTION IN LAW AND ITS IMPACT ON THE MENTAL HEALTH AND WELL-BEING OF THE PERSON ņņ Establish the period of detention in the individual’s case and compare it to the average length of detention for others. ņņ Consider challenging the detention of the person on the basis that there is no limit on the maximum period of detention, or that the maximum period of time established in law was not respected.34 ņņ Based on literature available and, if possible, report provided by a medical expert or psychologist, demonstrate deterioration of the mental and/or physical state of the person and the need for urgent release, or placement in an alternative to detention.35 Support a post-release solution FACILITATE REGULARISATION 26 ņņ If a statelessness determination procedure or another immigration or regularisation procedure has already been initiated, ensure that the procedure is not put on hold during the detention period. ņņ If no statelessness determination procedure has been initiated, assist or refer to a legal assistance provider to consider the possibility of initiating a statelessness determination procedure or another immigration or regularization procedure36 33 See European Network on Statelessness, Protecting stateless persons from arbitrary detention – A regional toolkit for practitioners, 2015, available at http://goo.gl/Jr258f. 34 See UNHCR Detention Guidelines, Guideline 3, Para. 17. Where time limit are not yet set in law, case law may also provide a reference. 35 See, Jesuit Refugee Service, Europe: Becoming Vulnerable in Detention, June 2011, available at: http://www.refworld.org/docid/4ec269f62.html. 36 It should therefore be ensured that the person receives official notifications from the relevant authorities to not miss any deadlines (e.g. to submit further documentation or a scheduled interview). STATELESS PERSONS IN DETENTION