Immigration detention

What is immigration detention?

Immigration detention means that someone is being held, not because they have committed a criminal offence, but to make departure from the Netherlands possible. This can happen in various situations:

• During the asylum procedure
• If someone no longer has lawful residence in the Netherlands and does not leave voluntarily
• When there is a risk that someone will evade supervision

By placing someone in detention, the authorities can ensure that forced return to the country of origin can actually take place.

When can someone be placed in immigration detention?

Immigration detention may not be imposed arbitrarily. Strict conditions apply:

• Authorised official
  The detention must be imposed by an assistant public prosecutor, a specially designated police or military police officer, or an official of the Repatriation and Departure Service (DT&V).
• Judicial review
  You can have the detention reviewed by a court yourself. If this does not happen, the authorities must automatically submit the detention order to a judge within four weeks. This ensures that there is always oversight of whether the measure is lawful.
• Ultimum remedium
  Detention is a last resort. It may only be applied if no other, less intrusive measures are available to achieve the same goal.
• Maximum duration
  Detention lasts a maximum of six months. In exceptional cases, for example if someone does not cooperate or travel documents are still missing, detention can be extended to a maximum of 18 months. Any extension must always be reviewed by a judge.

What can I do for you?

As a lawyer specialised in immigration law, I provide support to people in immigration detention and their family members. I can assist with:

• Filing an appeal and higher appeal against the detention order.
• Monitoring the lawfulness of the detention.
• Guidance with voluntary or forced departure.
• Communication with the Repatriation and Departure Service (DT&V).

It is important to act quickly. Every day in detention is one too many if it is not necessary.

Want to know more about when the immigration police may stop you?

In my blog, I explain:

• When the police are allowed to ask someone about residence documents.
• What your rights are during an identity check.
• When such a check is unlawful.

Read the blog here: Can the immigration police stop you without reason?

Why seek professional legal assistance?

Immigration detention is burdensome, both practically and emotionally. In addition, the rules are complex and policies change regularly. With my assistance:

• You can be sure that your rights are properly safeguarded.
• Opportunities for release are fully explored.
• You receive personal and clear guidance.

I stand by your side and work with you to determine the best possible approach.

Direct help needed?

Has someone been placed in immigration detention? Then contact me immediately. The sooner you act, the greater the chance of a positive outcome. Together we will discuss the available options and the steps that can be taken.

Please note:

• If you are arrested and do not yet have a lawyer, one will automatically be appointed for you by the government.
• In immigration detention, it is important, if possible, to stay with that initially appointed lawyer. This ensures that your case is properly built and monitored from the start.
• My preference is to handle a case from the very beginning. Only in exceptional situations can I take over a case at a later stage in follow-up proceedings.