What are the requirements for lawful detention in an asylum context?
Requirements
You cannot be automatically detained just because you have expressed a wish to seek asylum in Slovenia. The detention of an asylum seeker is permitted only in one or more of the following situations:
- your identity is unknown
- there are reasons to believe that you are using the asylum procedure for wrong reasons (e.g. to avoid a return procedure)
- to verify the information you have given, especially if there is a risk of flight
- to decide whether to allow your entry into the country
- the Slovenian authorities have grounds to believe that you pose a threat to national security or public order
- another Member State of the European Union is responsible for processing your asylum capplication
You must be released when the relevant ground or grounds of your detention cease to exist.
Human rights standards
Even if there are lawful grounds to detain you, your detention will only comply with human rights standards if:
- you are detained according to the procedure prescribed in the International Protection Act
- the verification procedure is conducted with due diligence whilst you are being detained
- you are held in a place meant for the detention of asylum seekers
Read more about the place of detention, conditions and treatment.
What human rights violation may there be?
If you are detained but not according to lawful grounds and/or in line with lawful procedures, your right to liberty and security might have been violated.