Author
Detention should be as short as possible,[1] and cannot exceed 6 months for adults,[2] and 3 months for children over the age of 14.[3] There is also a possibility to exceptionally extend these periods for up to 18 months, e.g. when the identity or citizenship cannot be verified or when the foreigner resisted against police force in the context of deportation.[4] As regards asylum applicants, detention should generally not last longer than 4 weeks following the final decision on the application.[5]
Figures on the average duration of detention of asylum applicants in general are not available. As of 2024, the average time overall was 22 days (2023: 29 days;2022: 32.8 days), while specific data on the average detention time of asylum applicants is not available.[6]
As regards, asylum applicants falling under the Dublin procedure, they are often detained immediately after lodging their application and may be kept in detention until they are transferred to the responsible Member State. In Dublin cases, detention may last for some weeks, as suspensive effect of the appeal is hardly ever granted and the transfer can be affected while their appeal is still pending.[7]
As of December 2024, applicants with the prospect of being returned to Italy via Dublin directive were kept in detention as the BFA assumed that Italy would change its policy of not taking back Dublin returnees. In 2024, like in 2023, possible Dublin returnees to Italy were released after a short time as Italy has not changed its policy in 2024.[8] There were no Dublin returns to Italy in 2024.[9]
[1] Article 80(1) FPG.
[2] Article 80(2)(2) FPG.
[3] Article 80(2)(1) FPG.
[4] Article 80(4) FPG.
[5] Article 80(5) FPG.
[6] Ministry of Interior, answer to parliamentary request 13976/AB XXVII. GP, 28 April 2023, available in German here. Ministry of Interior, Answer to parliamentary request 15846/AB, XXVII. GP, 21 November 2023, available in German here. Ministry of Interior, Answer to parliamentary request 636/AB XXVIII. GP, 19 May 2025, available in German here.
[7] Report from NGOs to asylkoordination österreich.
[8] Reports from Diakonie Flüchtlingsdienst and BBU GmbH to asylkoordination österreich, December 2023.
[9] Ministry of Interior, Answer to parliamentary request 636/AB XXVIII. GP, 19 May 2025, available in German here.