Author
Note: This section concerns detention in detention centres. However, there is also detention at the border procedure, specifically at the airport reception centre which is a detention-like facility. For more information on detention at the airport reception centre, please see sections on Asylum Procedures, Border procedures and Reception Conditions: Freedom of Movement.
The capacity of the detention centres in 2025 was as follows:
- Bělá-Jezová detention centre: 220 beds
- Bálková detention centre: 174 beds
- Vyšní Lhoty detention centre: 450 beds
Asylum seekers who applied for international protection in detention are routinely maintained in detention throughout the procedure. In a case where the application is made in a detention centre, the MoI typically claims there are reasonable grounds for believing that the application for international protection was made solely with a view to avoid or delay the deportation although the asylum seeker could have applied for international protection earlier.[1] Specific vulnerabilities of asylum seekers which limit the grounds for their detention are often overlooked or ignored.[2]
Additionally, individuals who have been found by the police as having entered irregularly and who have a EURODAC hit in another EU country are routinely detained for the purpose of their Dublin transfer.[3] Moreover, these individuals are detained on the basis of the Immigration Act, as they are not considered asylum seekers under the Asylum Act.[4] This denies them the additional protection offered against detention to vulnerable asylum seekers under the Asylum Act.[5]
If a person is detained under the Asylum Act, the detention is ordered by the MoI,[6] While if they are detained under the Immigration Act it is ordered by the Immigration Police.[7]
The detention may impact the availability of interpretation and access to legal counselling during the asylum procedure, especially since all the detention centres are located in remote and hard to access areas.
OPU has also observed a tendency to rush applications submitted in detention in expedited procedures. The MoI assessed an important number of cases submitted in detention as manifestly ill-founded.[8] In some cases, judicial appeal against a decision finding an asylum application manifestly ill-founded does not have automatic suspensive effect,[9]potentially further expediting the procedure.
[1] Section 46a (1)(e) of the Asylum Act.
[2] Section 46a (3) of the Asylum Act.
[3] Section 129 of the Immigration Act.
[4] Section 2(1)(b) of the Asylum Act.
[5] Section 129 of the Immigration Act as compared with section 46a(3) of the Asylum Act.
[6] Section § 46a of the Asylum Act.
[7] Sections 124 (4), 124a, 124b (1) (a)(b), 129 of the Immigration Act.
[8] Section 16 of the Asylum Act.
[9] Section 32 (2) of the Asylum Act.