Author
The law provides different maximum time limits for detention depending on the applicable ground.
- The maximum time limit for territorial detention is 18 months.[1]
- Border detention may be imposed for a maximum of four weeks. In case the asylum request is denied and entry is refused the border detention can be prolonged. As a consequence, if an asylum request at the border is not rejected within four weeks, the detention is lifted and the asylum applicant is allowed entry during their further asylum procedure.[2] In case the asylum request is denied and entry is refused the border detention can be prolonged during the appeal procedure. The asylum applicant has 1 week to appeal the decision and the court has 4 weeks to make a decision. The prolonging should therefore not last more than 5 weeks.
- Territorial pre-removal detention under Article 59 of the Aliens Act may be imposed for a maximum of 18 months.[3]
- Territorial detention of asylum applicants under Article 59b of the Aliens Act may be imposed initially for four weeks, subject to the possibility of extension by another two weeks.[4]
- Territorial detention of asylum applicants on grounds of public order may be ordered for a period of up to 6 months, with the possibility of an extension for another 9 months in the case of complex factual and legal circumstances, or an important issue of public order or national security.[5]
The available figures for the duration of detention do not distinguish asylum applicants from other immigrants. The average duration for territorial detention was 41 days in 2019, 34 days in 2021, 29 days in 2022, 39 in 2023 and 45 in 2024.[6]
[1] Article 59(7) Aliens Act
[2] Article 3(7) Aliens Act.
[3] Article 59(5) -(6) Aliens Act.
[4] Article 59b(2)-(3) Aliens Act.
[5] Article 59b(4)-(5) Aliens Act.
[6] DJI, Vreemdelingenbewaring 2019, available in Dutch: https://bit.ly/3inAiTO; the figures of 2022 and 2024 are based on questions answered by Repatriation and Departure Service (DT&V), received on 13 January 2025; figures of 2023: DJI, Vreemdelingenbewaring 2024, available in Dutch at: https://bit.ly/3BIOuFl.