ECJ limits detention for rejected asylum seekers to 18 months
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The European Court of Justice has ruled that rejected asylum seekers in the Netherlands must be released from detention after a maximum of 18 months, clarifying that this period covers the total time spent in detention while authorities attempt to deport them. The judgment prevents Dutch authorities from restarting the detention clock when a person’s asylum status changes, significantly affecting existing deportation practices.
Following the ruling, around 30 detainees were immediately released, while those held beyond the legal limit received compensation of up to €8,000 each. A spokesperson for the Dutch asylum minister said deportation is now no longer possible for individuals who have reached the 18-month threshold.
The Netherlands currently operates detention centres in Rotterdam, Zeist and Schiphol Airport for individuals awaiting deportation, particularly in cases where removal is complicated, such as when countries of origin refuse to accept returnees. These facilities are not classified as prisons, as residing in the country without legal status is not a criminal offence. Detainees are allowed limited freedom of movement during the day and access to mobile phones.
Legal experts have stated that individuals who have completed the 18-month detention period cannot be detained again under the same framework, effectively limiting the authorities’ ability to enforce deportations.
In response, the government is considering new legislation that would criminalise illegal residence, allowing authorities to detain individuals in regular prisons. However, the proposal faces political opposition, with parties such as D66 indicating they will vote against it, while the Christian Democratic Appeal has called for safeguards to protect those assisting asylum seekers.
