Author
Asylum seekers may be detained for a maximum of three months, with the possibility of extension for one additional month.[1]
According to the law, asylum seekers are to be released when the reasons for their detention cease to exist, after the maximum period for detention has been reached[2] or after the detention decision has been annulled upon judicial review. The law also states that the president of the Administrative Court can decree a special supervision of the implementation of detention, which can result in termination of detention.[3] In 2023, one such supervision was conducted while in 1 additional case the Administrative Court issued a report regarding the implementation of detention.[4]
The PIC has not detected cases where the maximum detention duration for asylum seekers – four months – was exceeded.
In 2023 the average duration of detention of all foreigners in the Foreigners Centre was 9 days. The average duration of detention of unaccompanied minors not registered as asylum seekers was 5 days. The average duration of detention for minors not registered as asylum seekers was 3 days.[5] The average duration of detention of asylum seekers was 32 days.[6]
[1] Article 84(6) IPA.
[2] Ibid.
[3] Ibid.
[4] Official statistics provided by the Administrative Court, March 2024.
[5] As explained above, unaccompanied minors who lodge the application for international protection cannot be detained in the Foreigners Centre. Official statistics provided by the Police, March 2024.
[6] Official statistics provided by the Police, March 2024.