Article 13 Ban on Arbitrary Expulsion of Resident Aliens
Asylum-seekers
According to “Guidelines for the treaty-specific document to be submitted by States parties under article 40 of the International Covenant on Civil and Political Rights”, the government should provide information on requirements for the admission of non-citizens, in particular asylum-seekers, to the territory of the State. However, Ministry of Foreign Affairs and National Immigration Agency only provide such information to foreign nationals, foreign workers and foreign spouses. No information is to be provided to asylum-seekers since there is no legal mandate.
The Guidelines require the government to provide information on the availability of remedies against expulsion and whether or not they have a suspensive effect, whether persons concerned have access to legal assistance should also be indicated. In practice, only foreign nationals who legally enters and resides in Taiwan may be eligible for legal aid, as mandated by the Legal Aid Act, while those entering illegally, over-staying or seeking asylum are not.
The Guidelines require the government to provide information on the situation of internally displaced persons, but such information, such as that of those affected by earthquakes, is absent in the State report.