Duration of detention

Author

Human Rights League

An applicant for international protection may be detained only for the period strictly necessary and for as long as the grounds for detention persist.

The total duration of detention of an applicant for international protection must not exceed six months where detention is ordered on one of the following grounds:

• in order to establish or verify the applicant’s identity or nationality (point (a));
• in order to determine the elements on which the application for international protection is based, which could not be obtained in the absence of detention, in particular where there is a risk of absconding (point (b));
• where the applicant was previously detained in administrative expulsion proceedings, has subsequently lodged an application for international protection, and there are reasonable grounds to believe that the application was submitted solely in order to delay or frustrate the enforcement of the removal decision (point (c)); or
• in order to secure the preparation or implementation of a transfer pursuant to a separate legal instrument, where there is a significant risk of absconding (point (e)).

Where detention is ordered on the ground that it is necessary for reasons of national security or public order (point (d)), the total duration of detention of an applicant for international protection must not exceed 18 months.

No information was available during the reference period indicating that the maximum duration of detention, including extensions permitted by law, had been exceeded in any individual case.