Author
No specific preliminary check is prescribed in national legislation. After irregularly crossing the border individuals are processed in the police procedure for irregular crossing during which they can express the intention to apply for international protection. During the procedure, the police establish their identity, take their biometric data, obtain information about their route, and check for indications of whether the person could pose a threat to public order or national security. No systematic vulnerability assessment or health check is in place. In case the person needs urgent medical attention, the police will provide it to them. There are no time limits by which the check must be completed as the check is part of the police procedure for irregular crossing. The procedures are conducted on police stations or airport. The fiction of non-entry is not applied.
During the police procedure individuals are not officially detained. However, the procedure can last for several hours during which individuals are not able to leave the premises of the police station or airport. During the visits of Police stations in 2024, the Ombudsperson noted that during that time individuals are de facto detained for several hours before being transferred to the Asylum home or its branch (see: Access to the territory and push backs: Border monitoring).
No decision is issued regarding the preliminary check, however the whole procedure and outcomes (the established identity, the results of biometric data processed through different data bases, health concerns, vulnerability etc) are noted in the police documentation made during the procedure. As no decision is made individuals do not have the right to appeal.
In case the individual expresses the intent to apply for international protection during the police procedure for irregular crossing, the police conducts the preliminary procedure (see The preliminary procedure).