66. According to Article 33 of the Immigration Act, if a foreigner is
sentenced to more than one year of imprisonment, his or her permanent
residence permit will be revoked or annulled and the Alien Permanent
Resident Certificate will be cancelled. The current Act only excludes
crimes of negligence, but not those for which the court has granted
probation. As a result, even if a parent is involved in a crime and is
given a chance to amend with probation, the child will be subject to a
chain reaction and need to leave the country within a certain period of
time,37 which causes great turmoil in the child's life.
67. The administrative review under Article 36 of the Immigration Act is
also inconsistent with the requirement of Article 9 of the CRC regarding
judicial review.
68. Recommendations:
（1） It is reported that the MOI has started to amend the Immigration
Act. The NHRC calls for speedy completion of the amendment,
so that the rights of children of new immigrants are protected,
and that a specific assessment of the applicable laws and
regulations should be made to monitor the chain reaction of the
deadline for children’s departure. In addition, education of
international human rights conventions for judicial and
administrative personnel who handle immigration cases should
be strengthened.
（2） Article 36 of the Immigration Act provides that review committee
meetings should be convened, and the NHRC believes the results
should be made public, on the premise of safeguarding personal
information, in order to facilitate review by human rights
organizations.
Issue 14 Freedom of Assembly and Association
69. In light of the amendment to the Civil Code to lower the age of majority
and to protect the right of children to freedom of association and
peaceful assembly under Article 15 of the CRC, the Government should
take complementary measures.
70. Recommendation: The MOI should continue to track the legislative
progress of the Social Association Act, change the creation of such
37
Central News Agency (2021). Three Sisters Plead Not to be Deported to Indonesia, HSU Kuo-yung:
Order to Leave the Country on Hold. https://www.cna.com.tw/news/aipl/202201280149.aspx
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