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Detention and alternatives to detention in the Slovak Republic Riga, 15-16 October 2011

Detention and alternatives to detention in the Slovak Republic Riga, 15-16 October 2011.

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Detention and alternatives to detention in the Slovak Republic Riga, 15-16 October 2011

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  1. Detention and alternatives to detention in the Slovak RepublicRiga, 15-16 October 2011 Project: „Steps to Freedom. Monitoring detention and promoting alternatives to detention of asylum seekers in Latvia, Lithuania, Estonia, Slovakia and the Czech Republic” co-financed by the European Commission, European Refugee Found, Project Number: HOME/2009/ERFX/CA/1028

  2. Legislation • Act No. 48/2002 Coll. on Stay of Foreigners and on Changes and Amendments to other acts • Act No. 404/2011 Coll. on Stay of Foreigners

  3. Act No. 48/2002 Coll. on Stay of Foreigners • Unaccompanied minors cannot be detained, • Detention of families with children may not be prolonged, • Vulnerable groups may be detained only in inevitable cases, • No alternatives to detention

  4. Act No. 404/2011 Coll. on Stay of Foreigners • Detention of asylum seekers may not be prolonged, • Alternatives to detention (Article 89): police authority may, in case of administrative expulsion, impose to third country national an obligation • to report his/her stay or • to deposit a financial guarantee

  5. Alternatives to detention • respective police authority: • decides on the type of the alternative in detention, • takes into consideration the person of third country national, • takes into consideration the degree of the threat to purpose of detention

  6. No alternatives to detention Cases of administrative expulsion → third country national: • poses a serious threat to national security or public order, • threatens national security, public order or public health.

  7. Reporting of a stay secured accommodation, obligation to stay at the given address, regular and personal reporting at the respective police authority in the prescribed time

  8. Deposit of a financial guarantee obligation to deposit a financial guarantee in amount and period determined by the respective police authority, obligation to stay at the given address, reporting the change of the address, close person to third country national may deposit a financial guarantee instead of the third country national

  9. Alternatives to detention Obligation to report the stay or deposit a financial guarantee ↓ Violation of obligation ↓ Decision on detention (forfeiture of a financial guarantee)

  10. Return of a financial guarantee In cases of: execution of administrative expulsion, return by assisted voluntary return, granted asylum or subsidiary protection.

  11. Thank you for your attention! Miroslava Mittelmannová Liga za ľudské práva Hurbanovo nám. 5 811 03 Bratislava

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