Author
Asylum applicants may be detained for a maximum of three months, with the possibility of extension for one additional month.[1]
According to the law, asylum applicants 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 2024, one such supervision was conducted while in 9 additional cases 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 applicants – four months – was exceeded.
In 2024 the average duration of detention of all foreigners in the Foreigners Centre was 16 days. The average duration of detention of unaccompanied minors not registered as asylum applicants was 21 days. The average duration of detention for minors not registered as asylum applicants was 8 days.[5] The average duration of detention of asylum applicants was 37 days.[6]
[1] Article 84(6) IPA.
[2] Ibid.
[3] Ibid.
[4] Official statistics provided by the Administrative Court, March 2025.
[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 2025.
[6] Official statistics provided by the Police, March 2025.