REGULATIONS GOVERNING FORCIBLE DEPORTATION FOR FO
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Article 1
These regulations are prescribed in
accordance with subparagraph 4 of Article 36 of the Immigration Act
(hereinafter referred to as the Act).
Article 2
For foreigners with one of the
conditions listed in subparagraph 2 and 4-11 of subparagraph 1 of
Article 36 in the Act, the National Immigration Agency of the Ministry
of the Interior (hereinafter referred to as the Agency) may order such
foreigners to voluntarily exit the State within seven days prior to
forcible deportation. However, those with one of the following
circumstances are not necessarily subject to this article:
1.
Those who failed to voluntarily
exit the State within the time frame according to the provisions listed
in Subparagraph 3 of Article 36 of the Act.
2.
Those who have no certain
domicile or residence in Taiwan.
3.
Those who have unknown
whereabouts when staying in Taiwan.
4.
Those who have concerns to
escape or are unwilling to leave the country.
5.
The deportation was declared by
a court’s decision.
6.
Those who will harm our national
interests, public safety, public order or with the concern of risk of
engaging in terrorist activities.
With the condition listed in
subparagraph 1 of the preceding paragraph, foreigners who are allowed
to exit the country on their own within thirty days following the
expiration of the time frame of voluntary exit, are exempted from
forcible deportation.
Article 3
Foreigners
who shall be deported and are seized by the Agency in accordance with
the Act, shall be deported forcibly after relevant information is
collected and verified, photographed, and an investigated report is
made by the Agency. If such foreigners are found by other agencies,
they shall be sent to the Agency with relevant files and data after the
identity verified and investigated report is made.
When
foreigners who shall be deported forcibly in accordance with the Act
are involved in criminal acts, they shall be transferred to judicial
organs for investigation by the seized authority and sent to the Agency
for temporary detention in accordance with the Act if custody is
unnecessary.
Foreigners
who are adjudicated no prosecution, deferred prosecution, innocence or
probation after being transferred to judicial organizations for
investigation in accordance with the preceding paragraph, or whose
cases are pending in the court in accordance with the provisions listed
in paragraph 1 of Article 36 and paragraph 5 of Article 38, shall be
deported forcibly after being reported to the judicial organizations by
the Agency. Those with Custody Certificate from judicial organizations
shall be deported forcibly with the approval of the judicial
organizations.
The
circumstances mentioned in subparagraph 1 of paragraph 1 of the
preceding article do not apply to this article.
Article 4
When
enforcing forcible deportation of a foreigner, the deportation decision
shall be made in the language which the person understands 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 appealing if the decision is unacceptable
The
above mentioned decision shall be sent to the person being deported
forcibly and his or her spouse, designated immediate family members,
legal representatives and/or siblings being notified. Those who failed
to be notified are not subject to this article.
Article 5
Prior to
the conclusion made by the review committee, forcible deportation of
the foreigners who meet the stipulations listed in accordance with
paragraph 2 of Article 36 of the Act shall not be implemented.
Article 6
Before
the implementation of forcible deportation, foreigners with one of the
following circumstances may have the deportation suspended. The Agency
shall enforce the deportation after the disappearance of the following
reasons:
1.
Being pregnant for five or more
months or less than two months after the abortion or delivery.
2.
Suffering from disease that is
possibly life-threatening while implementing forcible deportation.
3.
Other facts which may
necessitate postponing the forcible deportation.
The
above mentioned foreigners shall have an affidavit drafted with
relatives with household registration in Taiwan, charities or persons
approved by the Agency. Or he/she can request help and assistance from
their national embassies, foreign agencies or authorities for
suspension of the forcible deportation.
A
foreigner who postpones his forcible deportation due to physical
factors in accordance with subparagraph 1 or 2 of paragraph 1 shall
submit the diagnosis from hospitals assured by the central competent
health authority. Those with conditions listed in subparagraph 3 of
Subparagraph 1 shall submit documents identified by the Immigration
Agency.
Article 7
When the
Agency implements forcible deportation, the foreigners shall be
escorted to the airport or port by the personnel from the Agency to
monitor the implementation. Their licenses or travel documents shall be
handed over to the captain or the authorized officers. Those with are
thought likely to resist exiting the State or escape shall be escorted
to the destination (deported) country or region by the personnel from
the Agency.
In
principle, the destination country or region of the foreigner under
forcible deportation will be where he/she possesses nationality. Those
who can’t be repatriated back to their respective countries or regions
can be sent to the one of following countries or regions according to
their requests:
1.
The third countries or regions
that the foreigner holds a valid certificate or travel document.
2.
The countries or regions the
foreigner resided in with valid licenses or travel documents before
entering Taiwan.
3.
Other countries or regions which
accept his/her entry.
Article 8
The
airplane (ship) ticket of the foreigner under forcible deportation
shall be on his/her own burden. For those who are indeed unable to pay,
the Immigration Agency will pay from the set budget. Other relevant
acts shall prevail.
Article 9
The
Regulation will be effective from the date of issuing.