Annotated Republic of China Laws/Immigration Act/Article 38-2

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Immigration Act Republic of China (Taiwan) Law Article 38-2

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Promulgated addition on 2015-02-04, effective 2015-02-05

Article 38-2

Any detainee or his/her spouse, blood relative, legal representative, or sibling may verbally or file in writing a notice of motion or objection against the temporary detention order under Paragraph 1 of Article 38 during temporary detention and after receipt of the “Notice of Mandatory Temporary Detention,” with grounds to the National Immigration Agency; the National Immigration Agency shall make a written record if the notice is given orally.

After receiving the notice of motion or objection, the National Immigration Agency shall conduct a review based on its mandate. If it agrees with the foregoing objection, the original temporary detention sanction may be revoked or repealed. If it doesn’t agree with the motion, the detainee shall be presented in court within twenty four (24) hours along with the objection letter, objection records, NIA-written report and case file. However, if the court decides to conduct remote proceedings in accordance with related provisions of the Administrative Litigation Law, it would be assumed that the National Immigration Agency has presented the detainee in court with the corresponding case file and documentation.

In Paragraph 1 wherein a person files a notice of motion in court or against other authorities, the court or other authorities should immediately forward the objection to the National Immigration Agency. The date the NIA receives the notice, shall serve as the starting point for the objection proceedings against the detention order.

The remedy procedures of filing an objection against the temporary detention should be followed. The aforementioned remedy procedures are not be applied to the remedies of revocation or confirmation of an appeal.

The temporary detention deposition shall become invalid since the court ruling against such detention objection has been determined and this allows the release of the detainee.