Detention in an asylum context must be lawful. This means that detention must be:
- Allowed by law. The law has to explain the grounds for such detention as well as the procedure and the basic rights during the procedure.
- Executed in a non-arbitrary way. It means that the responsible authorities must examine whether the grounds for detention apply specifically to your case and if the procedures are being followed correctly.
Detention & Human rights
If your detention was not carried out lawfully, it may result in a violation of the right to liberty and security.
About this section
This section will explain how to assess whether the detention was lawful and non-arbitrary, as well as the detention procedure and your basic guarantees during the procedure.