Clearly a denial of PPS is de facto a decision to place the person in detention. Although a person in detention can apply for “provisional release” under ICRRA Article 54 this hardly provides adequate protection, since the provision does not clearly define the requirements for release but rather refers in vague terms to taking into consideration “evidence produced in support of the application, character, financial ability etc.” and upon depositing a bail bond of up to ¥3 million (c. US$27,000). Since the decision rests with an Immigration official and the Article states that he “may” accord provisional release, this is an administrative decision subject to discretionary action but with little chance of effective or timely review. In practice most asylum seekers who are subject to a deportation order are detained for a minimum of one year before their application for provisional release has a realistic prospect of succeeding. Therefore whilst Article 61-2-4 of the revised ICRRA appears to offer an alternative to detention, the restrictive conditions on the grant of PPS, together with the uncertainties associated with an application for provisional release under ICRRA Article 54, mean that an asylum seeker is still more likely be detained than not. Only after the 2004 ICRRA has been in effect for a few years will it be possible to evaluate whether or not alternatives to detention are being properly considered.