Author
An asylum applicant, either at the airport or land border, ‘who does not meet the legal requirements for entering national territory’ can be detained for up to 7 days for an admissibility procedure.[1]
If AIMA takes a positive admissibility decision or if no decision has been taken within 7 working days, the applicant is released. If the claim is deemed inadmissible or unfounded in an accelerated procedure, the asylum applicant can challenge the rejection before the administrative courts with suspensive effect and remains detained for up to 60 days during the appeal proceedings. After 60 days, even if no decision has yet been taken on the appeal, PSP must release the individual from detention and provide access to the territory.
The maximum detention period of 60 days is equally applicable in instances where the application is made from detention at a CIT due to a removal procedure.[2]
CPR is not aware of instances where the maximum detention duration was exceeded in the case of asylum applicants in 2024. However, CPR is aware of some cases in 2024 where release from detention was delayed due to the lack of reception responses on national territory.
[1] Article 26 and 35-A(3)(a) Asylum Act.
[2] Article 35-B(1) Asylum Act.