Section 60 — Minors in detention
Text of provision
For the purposes of this Division, it is affirmed as a principle that a minor child shall be detained only as a measure of last resort, taking into account the other applicable grounds and criteria including the best interests of the child.
Plain English
Section 60 provides that when considering the detention of a minor or the detention of a parent or guardian whose child is affected, the officer or the Immigration Division must consider the best interests of the child. It requires that the detention of minors be used only as a measure of last resort and for the shortest appropriate period.
Minors must not ordinarily be held in facilities that are not appropriate for them. Regulations prescribe conditions under which minors may be detained.
Practical effect
The best interests of the child is a strong — though not always determinative — factor in detention decisions. The Federal Court has held that best interests considerations can override other detention grounds in appropriate cases, but does not create an absolute prohibition on detaining parents. The practical effect is that officers and the ID must put the best interests consideration on the record and give it serious weight. Failure to do so is an error reviewable on judicial review.