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Special permanent residence for a trafficking victim

TaiwanHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

Official link

What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

Ad hoc (special) permanent residence permission granted by the central competent authority to a human trafficking victim whose personal safety may be threatened after repatriation.

See recorded sources
  • https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080177
    Article 26 If the human trafficking victim is a national without household registration in the Taiwan Area, foreigner, stateless person, People of the Mainland Area, Hong Kong or Macau resident, and his/her personal safety may be threatened after his/her repatriation back to his/her country (area) of origin, the central competent authority may grant him/her permanent residence in R.O.C. (Taiwan) under ad hoc permission.

Which population, circumstances or geographic group does the mechanism cover?

Human trafficking victims who are nationals without household registration in the Taiwan Area, foreigners, stateless persons, People of the Mainland Area, or Hong Kong or Macau residents, whose personal safety may be threatened after repatriation to their country (area) of origin.

See recorded sources
  • https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080177
    Article 26 If the human trafficking victim is a national without household registration in the Taiwan Area, foreigner, stateless person, People of the Mainland Area, Hong Kong or Macau resident, and his/her personal safety may be threatened after his/her repatriation back to his/her country (area) of origin, the central competent authority may grant him/her permanent residence in R.O.C. (Taiwan) under ad hoc permission.

Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

Answer not available

What happens after the request: registration, family handling, major support and rights where officially stated?

Victims and suspected victims receive assistance including personal safety protection, medical help, interpretation, legal assistance, counselling, accompaniment during questioning, rental and financial subsidies, social welfare referral, skills training and placement services; suspected victims are not forcibly deported before identification or objection results are decided; those granted ad hoc permanent residence may work, but that period does not count towards other permanent residence or naturalisation requirements.

See recorded sources
Limits of the record
  • Application steps for the special permanent residence itself are not described.
  • https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080177
    The competent authorities and labor affairs competent authorities at all levels shall, either by themselves or by commissioning non-governmental organizations, provide human trafficking victims or suspected ones with the following assistance: 1. Protection of personal safety; 2. Necessary medical assistance; 3. Interpretation assistance; 4. Legal assistance; 5. Psychological advice and counseling; 6. Being accompanied when questioned (interrogated) throughout the investigation or trial; 7. Rental subsidies and others necessary financial assistance. 8. Consulting and referral of social welfare service resources 9. Employability skills and education training 10. Placement services 11. Other necessary assistance.
  • https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080177
    Suspected human trafficking victim shall not be forcibly deported from the State (territory) before the identification or the objection to identification results are decided.
  • https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=D0080177
    Those who are granted the ad hoc permission for permanent residence are allowed to work during his/her permanent residence in R.O.C. (Taiwan). In the case of victim of human trafficking has been granted permanent residence pursuant to paragraph 1, no such period of residence is applicable to the calculation of residence for the purpose of applying for long term residence, permanent residence, registered permanent residence, or naturalization required by other applicable laws.

Which competent authority, UN body or official assistance channel should the person use?

The central competent authority is the Ministry of the Interior (it sets the procedures for ad hoc permanent residence); the judicial police and labour authorities run 24-hour channels, online platforms or telephone hotlines for reporting human trafficking.

See recorded sources

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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