Rights category Police and detention

When will the police detain me in detention of aliens?

If you have no residence permit and the police suspect that you will not return voluntary, you can be placed in detention of aliens. Detention of aliens is an ultimate measure, a less severe measure can be applied if the person concerned has a fixed abode or if reliable private persons act as guarantors. Children can be placed in detention of aliens for at most 2 weeks. Children cannot be separated from their parents.

How long will the detention of aliens last?

Detention of aliens may last for a maximum of 18 months. After 6 months, detention can only be extended if you do not cooperate with return, or if the embassy will issue documents quickly.

If you have a passport and you have bought a ticket yourself, detention of aliens can be discontinued because this shows that you are co-operating with the eviction.

Am I entitled to a lawyer?

If you are in Detention of Aliens you are entitled to a lawyer free of charge. This may be your own lawyer but also a duty lawyer. This lawyer can lodge a complaint in Court against the detention or against the continuation of the detention. During the first court case it will be investigated whether it was actually allowed to detain you and whether there is a prospect of deportation. In all follow-up cases the main issue will be the ‘prospect of deportation’.

Most court cases have to be applied for by the lawyer. This applies to the first court case about the lawfulness of the detention, for interim assessments as well as for the request for the discontinuation of the detention after 6 months. Only if the lawyer has not brought an appeal against the detention of aliens, the authorities have to do this within 28 days.