The right one has during temporary detention for deporting/expelling

A news from the constitutional court.
According to the court, part of the current article 38 in immigration act is ruled as unconstitutional, and the immigration authority have two years to fix the regulation.
The mentioned article 38 can be found here
http://law.moj.gov.tw/Eng/LawClass/LawAll.aspx?PCode=D0080132
The intepretation of constitution can be found here, but only in Chinese for now (not all intepretations was translated into English/Japanese/German)
http://www.judicial.gov.tw/constitutionalcourt/p03_01.asp?expno=708

The basic idea is:

  1. The current article for temporary detention does not provide the detainee immediate right for seeking judicial relief.

Constitutional court ruled that in addition to notification, if the detainee does not agree to be temporarily detained, he/she should have the right to ask for court ruling, and immigration authority should bring detainee to court within 24 hours.

  1. The length for temporary detention is too long in current article. (60 days)

Constitutional court ruled that: Based on current statistics from immigration authority, 70% of the detainees were deported within 15 days.
so the length of temporary detention by immigration authority should not exceed 15 days.

[quote]惟考量暫時收容期間不宜過長,避免過度干預受暫時收容人之人身自由,並衡酌入出國及移民署現行作業實務,約百分之七十之受收容人可於十五日內遣送出國(入出國及移民署一0二年一月九日移署專一蓮字第一0二00一一四五七號函參照)等情,是得由該署處分暫時收容之期間,其上限不得超過十五日。
[/quote]
3. Decision for further prolong temporary detention is not ruled by court. (Immigration authority can prolong at most 60 days)

The same quote of immigration act as previous argument.
Prolongation of temporary detention should be ruled by court, and the immigration authority, if consider prolongation is necessary, should request court ruling before the temporary detention is finished.

There are much more explanation in the intepretation of consitutional court, if you are interested, you could check the website.

Nobody want to face this kind of situation, but if someone is in this kind of big trouble, you should know your right.