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 procedure 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 that the procedures are being correctly followed.

Detention & Human rights

If your detention was not carried out lawfully, it may result in the violation of the right to liberty and security of a person.

About this section

This section will explain how to assess whether the detention has been allowed by law and is non-arbitrary, as well as the detention procedure and your basic guarantees during the procedure.

Last updated 01/04/2023