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 results in the violation of your rights. 

About this section

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

Last updated 23/02/2017