Differential treatment of specific nationalities in detention


Country Report: Differential treatment of specific nationalities in detention Last updated: 21/09/23

All applicants are de facto detained in terms of the Prevention of Disease Ordinance for the first weeks, at times months, after their arrival. As previously mentioned, individuals coming from countries of origin where returns are deemed possible will be probably detained under the Reception Regulations after they are medically cleared by the Superintendent of Public Health. These applicants usually remain in detention during the whole asylum procedure since the automatic review of their detention, when conducted, never questions the lawfulness of their detention (See Differential treatment of specific nationalities).

It was noticed that detainees are usually kept together based on their nationalities. They are also regularly moved from one zone or section to another, without being given any information for such change, which creates anxiety among applicants. The Detention Service indicated that detainees are “housed according to their different protection and socio-political needs” and that moving is done “to prevent potential conflict between different cultures”.[1]




[1] Information provided by Detention Service, January 2021.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation