Duration of detention


Country Report: Duration of detention Last updated: 12/05/23


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] In 2022 one such supervision was conducted and in five additional cases the Administrative Court only issued a report regarding the implementation of detention.[3]

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

In 2022 the average duration of detention of all foreigners in the Foreigners Centre was 4 days. The average duration of detention of unaccompanied minors was 3 days. The average duration of detention for minors was 1,4 days, Separate statistics for the average duration of detention of asylum seekers is not available for 2022.[4]




[1] Article 84(6) IPA.

[2] Ibid.

[3] Official statistics provided by the Administrative Court, February 2023.

[4] 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