Identify the legal basis of the detention first. Detention for removal and detention connected to an international protection application are governed by different provisions. A single time limit should not be applied to both.
The legal distinction
For removal-related detention under Article 57, the initial maximum is six months, with a further extension of up to six months only under the statutory conditions. Necessity is reviewed regularly. A challenge can be made to the criminal judgeship of peace.
Preparing your next step
Address the actual reasons given, stable accommodation, family connections, health and possible alternatives. The statutory five-day judicial examination period is not a five-day deadline for lodging the challenge. Changed circumstances may support a renewed request.
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Documents to prepare
Process map
- 01
Obtain the detention decision and reasons
- 02
Collect evidence about necessity, family and health
- 03
Assess alternatives to detention
- 04
Apply to the competent criminal judgeship of peace
- 05
Follow periodic review and any change of circumstances
Frequently asked questions
Does submitting an objection immediately end detention?
No. Submission alone does not suspend detention; the reviewing decision must be followed up.
General information. It does not replace an assessment of your individual case.
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