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