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PART II PROCEDURE IN THE FIRST INSTANCE
Chapter IV Proceedings for Detention Sanction Cases
Article 237-10
Detention sanction cases regulated by this Act refer to the following matters:
1. An objection against the detention sanction, an application to continue the detention sanction or an application to extend the detention period initiated in accordance with the Immigration Act, the Act Governing Relations between the People of the Taiwan Area and the Mainland Area and the Laws and Regulations Regarding Hong Kong and Macao Affairs.
2. A petition to cease detention initiated in accordance with this Act.
Article 237-11
District administrative courts shall adjudicate the first instance of detention sanction cases.
Despite Article 13 of this Act, the cases provided in the preceding Paragraph shall be adjudicated by the district administrative court where the detained person is located.
Article 237-12
When the administrative court reviews the cases concerning an objection against the detention sanction, a petition to continue the detention sanction or a petition to extend the detention period, the court shall examine the person detained; the National Immigration Agency shall also appear to present its statement.
When the administrative court reviews the cases as provided in the preceding Paragraph, the court may seek opinion of the National Immigration Agency, Ministry of the Interior, to explore the possibility of other alternative measures in lieu of a detention sanction in order to consider the necessity of the detention sanction.
Article 237-13
After the administrative court determines to continue the detention or to extend the detention period, the person detained and the person who is eligible to raise an objection against the detention sanction may move the court to cease the detention sanction alleging that the grounds for detention have vanished, there is no necessity for detention or there are reasons that detention shall be prohibited.
When the administrative court reviews the cases as provided in the preceding Paragraph and deems it necessary, the court may examine the person detained or to seek opinion of the National Immigration Agency; in such circumstances, Paragraph 2 of the preceding Article shall apply mutatis mutandis.
Article 237-14
Where the administrative court determines that the objection against the detention sanction and the petition to cease detention are meritless, the court shall rule to dismiss the case by a ruling. If the court determines that the petitions are meritorious, it shall render a ruling to release the person detained.
Where the administrative court determines that the petition to continue the detention and the petition to extend the detention period are meritless, the court shall rule to dismiss the case by a ruling. If the court determines that the petitions are meritorious, the court shall render a ruling to continue the detention or to extend the detention period.
Article 237-15
Where the administrative court renders a ruling to continue the detention or to extend the detention period, the court shall announce the decision during the court hearing prior to the expiration of the detention period or serve the authenticated copy of the ruling on the person detained. If the court fails to conduct the actions prior to the expiration of the detention period, it should be regarded that the ruling which orders to continue the detention or to extend the detention period is revoked.
When the authenticated copy of the preceding paragraph is made in electronic files, the court shall request the chief officer at the detention place to print out a copy of the ruling and serve the same on the person detained to effectuate service.
Article 237-16
If a petitioner, the person against whom the ruling is rendered, or the National Immigration Agency intends to appeal against the ruling rendered by a district administrative court, the appeal shall be filed at the High Administrative Court with jurisdiction within five days of the service of the ruling. No appeal may be made against the ruling rendered by an appellate court.
Unless otherwise provided for in the preceding Paragraph, Part Four shall apply mutatis mutandis to the appeal against rulings.
If a ruling concerning a detention sanction case becomes final and there are circumstances provided for in Article 273, applications for rehearing may be initiated, to which Part Five shall apply mutatis mutandis.
Article 237-17
Provisions of Section 5 of Chapter 4 of Part I concerning litigation expenses shall not apply to the detention sanction cases under the review of the administrative court, except for fees collected under Subparagraph 1 of Paragraph 1 of Article 98-6.
Unless otherwise provided in this Chapter, the provisions concerning summary proceeding shall apply mutatis mutandis to detention sanction cases.