What are the requirements for lawful detention in an asylum context?
Requirements
You cannot be automatically detained just because you have expressed a wish to seek asylum in Bulgaria. The detention of an asylum seeker is permitted only in one or more of the following situations:
- to establish or verify his/her identity or nationality.
- to establish the facts and circumstances on which the application for international protection is based, when this cannot be done in any other way and there is a danger that the foreigner will abscond.
- when this is necessary for the purpose of protecting national security or public order.
- to establish the state responsible for examining the application for international protection and transferring the foreigner to the competent state, and when there is a serious danger that the foreigner will abscond.
You must be released immediately when the relevant ground or grounds of your detention cease to exist.
Human rights standards
Even if there are lawful grounds to detain you, your detention will only comply with human rights standards if:
- you are detained according to the procedure prescribed in the Asylum and Refugees Act
- the verification procedure is conducted with due diligence whilst you are being detained
- you are held in a place meant for the detention of asylum seekers
- Read more about the place of detention, conditions and treatment.
What human rights violation may there be?
If you are detained but not according to lawful grounds and/or following lawful procedures, it may result in a violation of the right to liberty and security of a person.