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Title: Regulations Governing Forcible Deportation of Foreigners CH
Amended Date: 2024-02-27
Category: Ministry of the Interior(內政部)
Article 1
These Regulations are prescribed in accordance with Paragraph 6 of Article 36 of the Immigration Act (hereinafter referred to as the Act).
Article 2
For foreigners with one of the conditions listed in Paragraph 2 of Article 36 of the Act, the National Immigration Agency of the Ministry of the Interior (hereinafter referred to as the Agency) may order such foreigners to exit the State voluntarily within ten (10) days prior to the forcible deportation. However, those with one of the following circumstances could be deported forcibly:
1.Those who fail to voluntarily exit the State within the time frame.
2.Those who have no certain domicile or residence in Taiwan.
3.Those who are seized due to unknown whereabouts.
4. There are facts sufficient to justify the view that the accused may escape or resist leaving the State voluntarily.
5.The deportation was declared and affirmed by a court’s decision.
6.Those who are wanted by a foreign government which has officially asked for assistance from the State.
7.Is believed to endanger national interests, public security and public order, or engage in terrorist activities.
For foreigners who have overstayed their visit or residency are willing to exit the State voluntarily prior to being seized or discovered, after the Agency confirm that there are no legal restriction or outbound prohibition, the Agency may allow such foreigners to exit the State voluntarily within ten (10) days after completing the necessary departure procedures and formalities within certain time frame.
Article 3
Upon finding foreigners with one of the conditions prescribed in Paragraphs 1 and 2 of Article 36 of the Act, the Agency shall photograph, collect and verify such foreigners’ relevant information, and conduct an investigatory report. If such foreigners are found not involved in criminal cases, or even if they are involved in criminal cases and thus are transferred to the judicial authority for investigation, they are not detained, apprehended, taken into custody, or restricted from exiting the State, the Agency shall proceed to the measures in compliance with the Act.
When other authorities find the foreigners with one of the conditions prescribed in Paragraphs 1 and 2 of Article 36 of the Act, the authorities shall verify such foreigners' identity, and conduct an investigatory report. If such foreigners are found not involved in criminal cases, or even if they are involved in criminal cases and thus are transferred to the judicial authority for investigation, they are not detained, apprehended, taken into custody, or restricted from exiting the State, the authorities shall transfer such foreigners and relevant case files to the Agency.
In cases which the foreigners transferred to the Agency by other authorities in compliance with the preceding paragraph are involved in criminal cases which are currently under judicial process, the authorities shall notify the Agency immediately.
Once knowing the foreigners who are sanctioned to be deported forcibly are involved in the criminal cases which are currently under judicial process, the Agency shall notify the judicial authority ten (10) days prior to the actual forcible deportation.
For foreigners whose detention decision is continued, extended or re-extended, and are decided to be deported forcibly, the Agency shall notify the court of first instance immediately.
Article 4
Before deporting the foreigners forcibly from the State in accordance with regulations, the Agency shall inform the foreigners that they may engage attorneys and interpreters to attend on site during the claim submission procedure or the review committee meeting when notifying them of the opportunity to submit claims or the convening of a review committee meeting .
The number of attorneys engaged based on the preceding paragraph shall not exceed three.
The attorneys who are engaged (hereinafter referred to as the engaged attorney) and the interpreter shall submit the Power of Attorney to the Agency upon their initial presence.
The Power of Attorney prescribed in the preceding paragraph shall record the following matters:
1.The name, nationality, contact number and address of the principal .
2.The names, contact numbers and addresses of attorneys and interpreters.
3.The reason for the appointment.
4.The date, month and year of the appointment.
When the engaged attorney and interpreter present, the Agency may verify their identity.
The revocation of appointment shall take effect upon notifying the Agency in writing .
The waiting period for the engaged attorney and interpreter shall not exceed four hours respectively since the Agency notify them; if the engaged attorney and interpreter fail to present within four hours, the Agency may proceed with relevant procedures.
Procedures or reviews that have already been carried out will not be affected by the termination or dismissing of the engaged attorney or interpreter during the claim procedure or review committee meeting.
Article 5
The engaged attorney may be on site to accompany the foreigners, take notes about interrogation, and provide legal advice in a timely manner during the claim submission procedure or review committee meeting.
When the Agency believes that there are significant omissions in the foreigners' claim, the engaged attorney may supplement the content upon the consent of the foreigners.
Engaged attorneys and interpreters shall not engage in the following conduct:
1.Recording video or audio, or live streaming.
2.Taking photographs of interrogation records.
Article 6
When an engaged attorney engages in the conduct that could affect the on-site order or the proceedings and persists despite being prohibited, the Agency may restrict his or her behavior or speech.
When any of the following applies to an engaged attorney, the Agency may prohibit their attending:
1.Has been strongly suspected, on the basis of sufficient factual evidence, to endanger national security or jeopardize state secrets.
2.Has intentionally deceived, forged or altered evidence, solicited the foreigner to submit false claims, or had any other act that intentionally hinders the truth discovery.
3.Has violated paragraph 3 of the preceding article or the preceding paragraph of this article and the circumstances are considered serious.
Article 7
A review committee meeting shall be held prior to forcibly deporting a foreigner who has acquired a permit of residence or permanent residence, and the forcible deportation shall be suspended until the final decision is made by the committee. However, such foreigners could directly be deported forcibly without being reviewed by the committee if they meet one of the conditions prescribed in the proviso of paragraph 4 of Article 36 of the Act.
The review prescribed in the preceding paragraph shall consider relevant rights and interests such as the right to family reunification and the best interests of minor children.
Article 8
The Agency shall make the deportation decision in the language which the foreigners understand with following items written on the deportation decision:
1.The name, gender, nationality, date of birth, ID number and residence or domicile in Taiwan of the subject of forcible deportation.
2.The facts.
3.The basis and reasons for forcible deportation.
4.The method, time frame and competent authority for the appeal.
The above mentioned decision shall be sent to the subjects being forcibly deported. Their embassy, consulate or authorized organizations in Taiwan, or their relatives or friends, or the attorneys designated by them, shall also be notified of the decision no later than twenty four (24) hours after the decision has been made.
Article 9
Before being forcibly deported, foreigners with one of the following circumstances may have their deportation suspended; the Agency shall enforce the deportation after the disappearance of the following circumstances:
1.Being pregnant for more than five (5) months; have given birth or have a miscarriage for less than two (2) months.
2.Suffering from a disease that is possibly life-threatening while implementing forcible deportation.
3.Suffering from a contagious disease regulated by law and has not been cured and is possible to affect others while undergoing forcible deportation.
4.Those who are under age of eighteen (18), senile or disabled and cannot travel independently, and no assistance are offered to them.
5.Those who are prohibited from exiting the State with notification from the judicial, tax, or competent authorities on the basis of law.
6.Other facts necessitating the postponing of the forcible deportation.
To suspend the forcible deportation, the above mentioned foreigners shall have an affidavit co-drafted with the nationals with household registration in Taiwan, charities or people approved by the Agency. Otherwise, they shall request assistance from their embassy, consulate or authorized organization.
Except for those under the age of eighteen(18), all foreigners, people who may have the forcible deportation suspended in case of the occurrence of circumstances prescribed in Subparagraph 1 to 4 of Paragraph 1 of this Article, shall submit the diagnosis certificate issued by the hospital with accreditation validated from Central Competent Health Authority. For those with conditions listed in Subparagraph 6 of Paragraph 1 of this Article shall submit the certification approved by the Agency.
Article 10
The foreigners and their personal belongings shall be inspected while the Agency is enforcing the forcible deportation, and Agency personnel shall escort such foreigners to the airport or seaport in order to monitor the deportation. The certificates and travel documents of the foreigners shall be handed over to the captain or authorized officers. The Agency could send personnel to repatriate the foreigners to the designated country when the foreigners are concerned to resist or escape in the process.
The body inspection of foreigners subject to forcible deportation shall be implemented by appropriate personnel with respect for the gender thereof.
The destination of forcible deportation prescribed in paragraph 1 shall be the original country or region of the foreigners. When sending to the original country or region cannot be made, the subject can request to be deported to one of the following countries or regions:
1.The country or region in which the subject holds valid certificates or travel documents, and intends to stay.
2.The country or region where the subject possesses valid certificates, travel documents, or residence permits before entering the State.
3.Any other countries or regions that accept the entrance of the subject.
Article 11
The foreigners, who shall be forcibly deported in accordance with the conditions listed in Paragraph 2 of Article 36 of the Act and are sanctioned with alternatives to detention by the regulation, could be exempted from being escorted or monitored upon their departure in compliance with Paragraph 1 of the preceding Article by the Agency if they fulfill the following requirements during the period of alternatives to detention:
1.Report regularly on one’s activities of daily living at designated Specialized Operation Corps of the Agency.
2.Do not leave the designated place of the restricted residence without notice for over 24 hours.
3.Accept inspections from the Agency at the designated places.
4.Are not inaccessible for three (3) times of consecutive contacts made by the Agency within twenty four (24) hours.
5.Apply for a travel document back to his/her home country as requested.
6.Not engage in unpermitted activities or employment.
For those prescribed in the preceding paragraph, who do not comply with part or all of the subparagraphs of the preceding paragraph during the period of alternative sanctions to detention, could still be exempted from being escorted or monitored upon their departure in accordance with paragraph 1 of the preceding article if such non-compliance is deemed justified by the Agency.
The two preceding paragraphs shall not apply to those who have violated other laws or regulations, been prohibited from exiting the State, or have other facts that consider whose exiting shall be escorted and monitored.
Article 12
Foreigners are held fully responsible for the cost of the airplane or ship tickets derived from the forcible deportation. For those who are unable to afford transportation cost without a doubt, the costs will be disbursed from the planned budget by the Agency. The regulations shall be followed unless it is otherwise provided for by law.
Article 13
The Ministry of the Interior determines the effective date of these Regulations.
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