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[13] 0.4 - Protective Status

Protections a claimant has while a claim is pending.

While a claim is pending a claimant

  • cannot be removed;
  • cannot be detained only because of their immigration status;
  • keeps all rights listed in the Rights of the Accused;
  • may stay lawfully in the state until a final decision.

Limits

Protective status does not excuse other crimes. A claimant who commits a criminal offence can be arrested and charged like anyone else, but removal still waits for the claim to be decided.

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