Rights of migrant workers in an irregular situation and members of their families 2013, para. 33
Paragraph- Paragraph text
- The Committee considers that anyone arrested and detained solely for immigration purposes should be brought promptly before a judge or other officer authorized by law to exercise judicial power to review the lawfulness of the arrest and/or detention and the continued necessity of such arrest or detention; and to order unconditional release and/or less coercive measures, if warranted. Further reviews of the continued necessity and lawfulness of the detention should be carried out at regular intervals by a judge or other officer authorized by law to exercise judicial power. The burden of proof must rest on the detaining authorities to demonstrate that the presumption in favour of liberty should be displaced. The migrant worker must have access to legal representation and advice, if necessary free of charge, to challenge the lawfulness of detention. Children, and in particular unaccompanied or separated children, should never be detained solely for immigration purposes.
- Legal status
- Non-negotiated soft law
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2013
- Paragraph type
- Other
- Reference
- CMW General Comment No. 2, Rights of migrant workers in an irregular situation and members of their families (2013), para. 33.
- Paragraph number
- 33
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