Author
The law provides different maximum time limits for detention depending on the applicable ground.
- The general time limit for border 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 seeker 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 seeker 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 seekers 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 seekers 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 majority of persons are detained for less than 3 months both at the border and on the territory. It should be noted, however, how there have been cases of persons detained for more than 6 months (for more information, see AIDA 2020 Update).
The available figures do not distinguish asylum seekers from other immigrants. In the first half of 2020, the average border detention period was around three weeks.[6] The average duration for territorial detention was 41 days in 2019, 34 days in 2021 and 29 days in 2022.[7]
[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] Answers to written questions about the budget of the Ministry of Justice and Safety 2021, Question 480, available in Dutch at: https://bit.ly/35Pj8cE.
[7] DJI, Vreemdelingenbewaring 2019, available in Dutch: https://bit.ly/3inAiTO; the figures of 2022 are based on questions answered by Repatriation and Departure Service (DT&V), received on 18 January 2023.