Author
Under the Asylum Act, asylum seekers can be detained for up to 180 days.[1] The courts repeatedly criticized a practice where the MoI automatically detained asylum seekers for prolonged periods, including the maximum permissible duration, with a first detention decision and without proper justification.[2]
If the foreigner applies for international protection while detained under the Immigration Act, the time spent detained under the Immigration Act does not count towards the 180 days time limit.[3] In practice, the additional number of days spent in detention should not exceed 14 days (7 days time limit to apply for international protection when detained under the Immigration Act plus 5 working days time limit for the MoI to decide whether the foreigner will be detained on the basis of a new detention order under the Asylum Act after they applied for international protection while in detention).
Under the Immigration Act, foreigners can be detained for up to 180 days.[4] Contrary to the Asylum Act, foreigners younger than 18 years of age and families with children can be detained for up to 90 days under the Immigration Act.[5]
In the case of detention in the context of a Dublin transfer, the courts have concluded that the length of detention derives from various deadlines under Article 28 Dublin III Regulation, and depends on the individual steps taken in the Dublin procedure. Generally, the first detention order should not be longer than 30 days, corresponding to the one month period for the MoI to submit a take-charge or take-back request with another EU Member State. This order can then be prolonged depending on the steps taken in the Dublin procedure and the response of the receiving Member State, including a potential remonstration (i.e., a request for reassessment of the answer). In any case, the foreigner cannot be detained longer than six weeks from receiving a positive response to a take-charge or take-back request from the receiving Member State.[6] If, however, the foreigner intentionally frustrates a transfer to be carried out within this six-week period, they may be re-detained, as their release would unduly impede the effectiveness of the procedures carried out pursuant to the Dublin III Regulation.[7]
In the case of detention for the purpose of age assessment in the context of a Dublin transfer, the length of the first detention order should correspond to the expected length of the age assessment procedure. Generally, it should not take longer than several days.[8] The detention can be hereafter prolonged depending on the results of the age assessment.
On average, asylum seekers were detained for 76 days in 2025 (compared to 111 days in 2024), according to the information provided by the MoI.
OPU is not aware of cases where the maximum detention duration was exceeded. However, OPU is aware of cases where individuals have not been released, or have not been released on time following a judgement overturning a decision ordering the detention of asylum seekers.[9]
Since the asylum procedure in Czechia is rather slow, and exceptionally may take up to several years, most asylum seekers will not spend the whole status determination procedure in detention, although in some cases accelerated procedures may apply.
[1] Section 46a(5) of the Asylum Act
[2] SAC, rjudgement No 9 Azs 38/2024-50, 14 March 2024, available in Czech here; SAC, judgement No 9 Azs 187/2024-29, 24 October 2024, available in Czech here.
[3] Section 46a(4) of the Asylum Act.
[4] Section 125(1) of the Immigration Act.
[5] Section 125(1) of the Immigration Act.
[6] SAC, judgement No 7 Azs 11/2015-32, 19 February 2015, available in Czech here.
[7] SAC, judgement No Azs 310/2019-25, 11 February 2020, available in Czech here.
[8] SAC, judgement No 5 Azs 107/2020-46, 25 June 2020, available in Czech here.
[9] Municipal Court in Prague, judgement No 18 A 78/2020-65, 3 February 2021, available in Czech here.