Author
Under the Regulation on Migrant Custody Centres for Foreigners and Stateless Persons illegally staying in Ukraine, an MCC is a state institution designed for the temporary detention of foreigners and stateless persons:
- with respect to whom a court has made a decision on forced expulsion from Ukraine;
- with respect to whom a court has made a decision on detention for the purpose of identification and ensuring forced expulsion from Ukraine;
- detained by the SMS, its territorial bodies and subdivisions for the periods and in the manner prescribed by law;
- detained by a court decision until the application for recognition as a refugee or a person in need of complementary protection in Ukraine or a stateless person is completed.[1]
The detention for the purpose of identification can be carried out in case a person does not have identification documents and cannot provide evidence to the court of the regular stay in Ukraine.[2]
In practice, immigration detention occurs most frequently when persons are detained without passports and/or visas for entry into the EU while attempting to cross the state border outside the designated border-crossing points.
In case a person in an irregular situation or pending return applies for asylum and the SMS lodged the application, the term for detention can be prolonged up to 18 months.[3]
According to the Regulation on Migrant Custody Centres a foreigner shall be released by the MCC administration upon the following grounds:
- upon a court’s vacated judgment of detention or forced expulsion;
- in case the court does not prolong the term of arrest;
- expiration of the limit period of stay;
- recognition of a person as a refugee or person in need of complementary protection;
- establishing the status of a victim of human trafficking.
[1] Para. 1 Model Regulation on the Migrant Custody Centres.
[2] Article 4(6) Law on the Legal Status of Foreigners; Supreme Court, case No. 359/5975/17, 13 February 2019, available in Ukrainian here.
[3] Article 289(11) Code of Administrative Judicial Procedure.