These regulations are prescribed in accordance with paragraph 5 of Article 36 of the Immigration Act (hereinafter referred to as the Act).
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. Those who are considered to be an escape risk or are thought likely to 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. Those who will harm our national interest, public safety, public order or are considered a risk of engaging in terrorist activities.
If foreigners who have overstayed their visit or residency are willing to exit the State voluntarily prior to being seized or discovered, after being investigated by the Agent without any legal restriction or outbound prohibition, the Agent 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.
Upon finding foreigners with one of the conditions prescribed in paragraph 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 involved in criminal cases, they shall be preferentially transferred to the judicial authority for investigation. In cases which the foreigners are not adjudicated custody, arrested with a warrant, detained, restricted from exiting the State, or involved in criminal cases, the Agency will proceed to the measures in compliance with the Act.
When other authorities find the foreigners exhibit one of the conditions prescribed in paragraph 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 involved in criminal cases, they shall be preferentially transferred to judicial authorities for investigation. In cases which the foreigners are not adjudicated custody, arrested with a warrant, detained, restricted from exiting the State or involved in criminal cases, the authorities shall send such foreigners and their relevant files and data to the Agency.
In cases which the foreigners sent to the Agency by other authorities in compliance with the Regulation 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.
When the foreigners whose detention decision was continued or extended by the court are deported forcibly, the Agency shall notify the court of first instance immediately.
Before being forcibly deported according to the preceding article, the foreigners shall be granted the opportunity to state their opinions, and the deportation decision shall be made in the language which the foreigners understand with the following items contained within the written deportation decision:
1. The name, gender, nationality, date of birth, ID number and residence in Taiwan of the person subject to compulsory exit.
2. The facts.
3. The basis and reasons for forcible deportation.
4. The method, time frame and competent authority of the appea1 if the decision is unacceptable.
The above mentioned decision shall be sent to the person being forcibly deported. The embassy, consulate or authorized organizations in Taiwan of the subject’s country of origin or the relatives or friends designated by the subjects shall also be notified of the decision no later than twenty four (24) hours after the decision has been made.
A review committee 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 a final decision is made by the committee. However, such foreigners could directly be deported forcibly without being reviewed by the committee if they exhibit one of the conditions prescribed in the proviso of paragraph 4 of Article 36 of the Act.
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 that has not been cured and is possible to affect others while implementing a forcible deportation.
4. Those who are under age of 18, senile or disabled and cannot travel independently with no assistance being offered to them.
5. Those who are prohibited from exiting the State with notification from the judicial or other authorities
6. Other facts necessitating the postponing of the forcible deportation.
The above mentioned foreigners shall have an affidavit drafted with the nationals with household registration in Taiwan, charities or persons approved by the Agency, or they shall be able to request assistance from their national embassy, consulate or authorized organization for suspension of the forcible deportation.
Except for those under the age of 18, all foreigners whose forcible deportation are suspended from 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. Those with conditions listed in subparagraph 6 of paragraph 1 of this Article shall submit the certified documents approved by the Agency.
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 concerned are thought likely to resist or escape in the process.
The body inspection mentioned in preceding paragraph shall be implemented by female officer if the deported foreigner is female.
The destination of forcible deportation shall be the original country or region of the foreigners. When the original country or region cannot be the destination, the subject can request to be deported to one of the following country or region:
1. A pre-planned country or region in which the subject holds valid certificates or travel documents.
2. A country or region in which the subject possesses a valid certificate, travel documents, or residence permit before entering the State.
3. Any other countries or regions that accept the entrance of the subject.
Foreigners who are forcibly deported in accordance with the conditions listed in paragraph 2 of Article 36 of the Act are sanctioned with alternatives to detention by the regulation, could be exempt 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 Sanction:
1. Report regularly on one’s activities of daily living at designated Specialized Operation Corps of the Agency.
2. Do not leave the restrict residency without notice for over 24 hours.
3. Accept inspections from the Agency at designated places.
4. Are not inaccessible in three (3) consecutive contacts made by the Agency within twenty four (24) hours.
5. Violate the conditions of preceding 4 subparagraphs with a justified reason that is approved by the Agency.
The preceding paragraph shall not apply to those foreigners who have violated other laws or regulations, prohibited from exiting the State or other facts that consider whose exiting shall be escorted and monitored.
Foreigners are held fully responsible for the cost of the airplane or ship tickets derived from the forcible deportation. For those who are indeed unable to afford transportation cost, the costs will be disbursed from the planned budget by the Agency. The regulations shall apply unless other laws stipulate otherwise.
The Regulations are set to be effective on the date of promulgation.