Annotated Republic of China Laws/Immigration Act/Article 38-4

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Immigration Act Republic of China (Taiwan) Law Article 38-4

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

Article 38-4

Prior to the deadline of the temporary detention and whether it is necessary to continue the detention sanction, the National Immigration Agency shall apply for a continuation of the detention period by submitting the reasons to the court no later than 5 days before the deadline.

In case the detainee’s passport or travel document is lost or expired with no replacement, or reissued or extended prior to the deadline of the continued detention and whenever it is necessary to continue the detention sanction, the National Immigration Agency shall apply for an extension of the detention period by submitting the reasons to the court no later than 5 days before the deadline.

The period of continued detention shall not exceed forty-five (45) days from the deadline of temporary detention; the period of extended detention shall not exceed forty (40) days from the deadline of continued detention.