Duration of detention


Country Report: Duration of detention Last updated: 25/05/22


Asylum seekers may be detained for a maximum of three months, with the possibility of extension for an 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 or after the detention decision has been annulled in 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.[2]

PIC has not detected cases where the maximum detention duration for asylum seekers – four months – would be exceeded.

In 2021, the average duration of detention of asylum seekers in the Foreigners Centre was 34 days. The average duration of detention of other migrants was three days. The average duration of detention for minors was 1,4 days and the average duration of detention of unaccompanied minors was 3.4 days.[3]




[1] Article 84(6) IPA.

[2] Ibid.

[3] As explained above, unaccompanied minors who lodged the application for international protection cannot be detained in the Aliens Centre. Official statistics provided by the Police, February 2022.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the first report
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation