Challenging administrative detention

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.

What makes a detention review useful?

Start with the legal basis: detention pending removal and detention within an international-protection procedure are not identical. For removal detention, examine the written reasons, duration, monthly necessity reviews and whether alternatives could serve the stated purpose. A fixed address, family ties or medical treatment should be supported by records relevant to the person.

An application to the criminal judgeship of peace does not itself suspend detention. The statutory five-day judicial review period is not a general five-day deadline for the person to object. If conditions change, explain the new facts and their evidence in a renewed application. Continue to track any deportation case separately.