Principle 21. Specific measures for non-nationals, including migrants regardless of their migration status, asylum seekers, refugees and stateless persons
60. Non-nationals, including migrants regardless of their status, asylum seekers, refugees and stateless persons, in any situation of deprivation of liberty, shall be informed of the reasons for their detention and their rights in connection with the detention order. This includes the right to bring proceedings before a court to challenge the arbitrariness and lawfulness and the necessity and proportionality of their detention and to receive without delay appropriate remedy. It also includes the right to legal assistance in accordance with the basic requirement of “Prompt and effective provision of legal assistance”, in a language they use and in a means, mode, or format they understand and the right to the free assistance of an interpreter if they cannot understand or speak the language used in court.
61. Irrespective of the body responsible for their detention order, administrative or other, such non-nationals shall be guaranteed access to a court of law, empowered to order immediate release or able to vary the conditions of release. They shall promptly be brought before a judicial authority before which they should have access to automatic, regular periodic reviews of their detention to ensure it remains necessary, proportional, lawful and non-arbitrary. This does not exclude their right to bring proceedings before a court to challenge the lawfulness or arbitrariness of their detention.
62. Proceedings of challenges to decisions regarding immigration detention must be suspensive to avoid expulsion prior to the case-by-case examination of migrants in administrative detention, regardless of their status.
63. The deprivation of liberty as a penalty or punitive sanction in the area of immigration control is prohibited.
64. The deprivation of liberty of an unaccompanied or separated migrant, asylum-seeking, refugee or stateless child is prohibited. Detaining children because of their parents’ migration status will always violate the principle of the best interests of the child and constitutes a violation for the rights of the child.