S.L. 420.9 Art. 9Guarantees for detained applicants.

(1) An applicant shall be detained only for as short a period as possible, which period shall not exceed the period of nine (9)

months and shall be kept in detention only for as long as the grounds established in regulation 8 are applicable.

(2) Administrative procedures relevant to the grounds for detention established in regulation 8 shall be executed with due diligence. Delays in administrative procedures that cannot be attributed to the applicant shall not justify a continuation of detention.

(3) The detention of applicants shall be ordered in writing by the Principal Immigration Officer.

(4) The detention order shall state the reasons in fact and in law on which it is based as well as why less coercive alternative measures cannot be applied effectively.

(5) Detention orders by the Principal Immigration Officer shall be subject to a speedy judicial review of the lawfulness of detention, which shall be conducted by the Immigration ex officio Appeals Board. Such review shall be concluded as speedily as possible, taking into account the circumstances of each case and, in any case not later than fifteen (15) days or, in exceptional situations, not later than twenty-one (21) days from the beginning of detention:

Provided that where the judicial review referred to in this sub-regulation has not been concluded within twenty-one (21) days from the beginning of detention, the applicant concerned shall be released immediately.

(6) Detained applicants shall immediately be informed in writing, in a language that they understand or are reasonably supposed to understand, of the reasons for detention and any national procedures for challenging the detention order, as well as of the possibility to request free legal assistance and representation.

(7) Detention shall be reviewed by the Immigration Appeals Board every two (2) months, in particular whenever it is of a ex officio, prolonged duration, relevant circumstances arise or new information becomes available which may affect the lawfulness of detention:

Provided that without prejudice to this sub-regulation, the detention of unaccompanied minors shall be reviewed ex officio at regular intervals:

Provided further that where as a result of the judicial review, detention is held to be unlawful, the applicant concerned shall be released immediately.

(8) In the event of judicial review of the detention order provided for in sub-regulation (7), applicants shall have access to free legal assistance and representation under the conditions established in regulation 27.