What procedure must be followed in a case of detention in an asylum context?
You may be detained by either state border guards or the police. Extended detention must be approved by a judge.
Border guards
Border guards may detain you for up to 48 hours without the permission of a judge.
Judge
Your extended detention may be needed for several reasons. For example, if the authorities have not managed to verify all the required information about you, if there is a risk that you may abscond, or if there is reason to believe that you may endanger public security and order. In such a case, the border guards must bring you in front of a judge. This must be done before 48 hours.
Length of detention
- The judge may decide to keep you detained for only 2 more months.
- The period of your detention may not exceed the period necessary for an examination of your application. During this period, you have the right to an automatic review every 2 months by a judge regarding the necessity to keep you in detention.
Basic rights
You have certain important rights in the process before a judge. Read more about your basic rights.
Decision
The judge has a duty to issue a well-reasoned decision explaining why it is still necessary to keep you detained. The reasons must be closely related to your situation. Whether the authorities have acted with due diligence in checking the required information must also be verified. The decision must be made before the end of your detention period.
Appeal
If you do not agree with the decision of the judge or you believe that your rights, such as the right to present your views, were violated in court, you have the right to appeal this to a district Court (Ringkonnakohus). However you must remember that your detention hearing is not about your asylum case.
You also have the right to request compensation for the wrongful decision of a judge. Read about your right to receive compensation
What human rights violation may there be?
If lawful procedures have not been followed during the detention process, this may result in a violation of the right to liberty and security of a person.