A/HRC/4/24
page 11
Responses
54.
The Special Rapporteur notes that in Japan and Argentina there are no individual
procedures for the expulsion of non-nationals.
55.
In Belarus, an individualized expulsion procedure exists for vulnerable groups. In order
to be recognized as a refugee, the non-national will have to make a claim to the Court or
Ministry of Interior or the State Service.
56.
In Bosnia and Herzegovina, procedures and conditions under which expulsion of aliens
that illegally reside in the territory may be carried out are stipulated by the Law on Movement
and Stay of Aliens and Asylum (Official Gazette of BiH, Nos. 29/03 and 4/04). The Ministry of
Security has passed the Rulebook on the Protection of Aliens Victims of Trafficking in Human
Beings (Official Gazette of BiH, No. 33/04), which defines rules and standards of procedure of
admission, recovery and repatriation of aliens victims of trafficking, with special reference to
protection of children. Apart from the above-mentioned, the Procedures on Treatment of
Victims of Trafficking in Bosnia and Herzegovina, adopted on 29 July 2005 (the Vlasic
Procedures), determine the means of mutual cooperation in the treatment of victims of
trafficking between the competent institutions in Bosnia and Herzegovina, non-governmental
organizations and the International Organization for Migration (IOM).
57.
In Canada, the Charter of Rights and Freedoms applies to all individuals, including those
without immigration status and in an irregular situation. A foreign national may make a refugee
claim and deportation will not be enforced until the claim is resolved. A person, including a
failed asylum-seeker, can apply at any time to remain in Canada on humanitarian and
compassionate grounds. In all immigration proceedings, consideration is given to minors. For
women who are refugee claimants, the Immigration and Refugee Board of Canada has developed
guidelines on gender-related persecution. In December 2006, IRB issued Guidelines on
Procedures with Respect to Vulnerable Persons Appearing before the IRB. Canada has produced
guidelines to assist immigration officers to provide legal immigration status to victims of
trafficking in persons.
58.
In Costa Rica, current legislation does not provide a procedure for the case of
non-accompanied children and adolescents, although a draft reform to the law does contemplate
coordination with the competent authorities, such as the national child welfare authority
(Patronato Nacional de la Infancia, PANI).
59.
Germany’s asylum applications go through the Federal Office for Migration and
Refugees (BAMF) that initiates a procedure based on the Asylum Procedures Act (AsylVfG) to
determine whether the applicant qualifies for asylum under article 16 (a) of the Basic Law.
Section 60 (7) of the Residence Act stipulates that consideration be given to the special threat
faced by witnesses in German criminal proceedings directed against organized crime,
particularly human trafficking. In accordance with national law (cf. section 80 (2) of the
Residence Act) minors are not automatically granted refugee status and if there are no legal
grounds for recognition, the minor will be returned to his/her country of origin, on the principle
that he/she will be received and taken care of.
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