How long may immigration detention last? Maximum periods under section 80 FPG

Immigration detention is not a punishment and therefore has clear time limits. Under section 80 FPG it may only be maintained as long as the securing purpose requires and the removal is pursued with the necessary diligence. As a basic rule, for adults a maximum period of four months applies where none of the special cases is present. For adolescent minors section 80 FPG provides a separate, shorter limit. Proportionality remains an independent standard at every stage.

What to do now: First, record the exact start of detention, because the periods run from it. Second, have it examined whether a ground for detention under section 76 FPG exists at all and whether a more lenient means under section 77 FPG suffices. Third, keep the state of the removal proceedings in view, because without diligent conduct the basis for further detention is missing.

Beyond the basic rule of four months, section 80 para 4 FPG permits immigration detention only under special conditions, for instance where the removal is delayed by the conduct of the person concerned, the necessary cooperation is missing or securing the removal requires it. In these cases detention may last up to eighteen months. The exact gradation of the grounds for extension follows from section 80 FPG. Even a permissible extension does not change the fact that the removal must be pursued diligently.

What to do now: First, have the ground for extension relied on by the Federal Office named precisely, because it must be specifically substantiated. Second, examine whether the lack of cooperation is actually attributable to the person concerned or whether the proceedings stall for other reasons. Third, consider whether a more lenient means under section 77 FPG still suffices even now.

Under section 80 FPG immigration detention may only be maintained as long as the removal is pursued with the necessary diligence. If the proceedings are delayed without good reason, for instance because necessary steps are omitted, the proportionality of further detention is called into question. What matters is whether the delay is attributable to the authority or to the person concerned. A delay caused by the person can even support an extension under section 80 para 4 FPG, whereas one caused by the authority cannot.

What to do now: First, document the timeline and record which steps were taken and when. Second, have it clarified to whom the delay is attributable, because the permissibility of further detention depends on it. Third, prepare legal protection against the detention if diligent conduct of the proceedings is no longer maintained.

The time limit of section 80 FPG is not self-executing; it must be enforced. Proportionality and the diligent conduct of proceedings can be reviewed through the detention appeal to the Federal Administrative Court. In addition, the continuation of detention is to be checked on an ongoing basis, so that detention ends as soon as its conditions fall away. Both on reaching the maximum period and where there is no prospect of removal, the person is to be released.

What to do now: First, have it examined whether the duration so far is still tenable in relation to the securing purpose. Second, prepare the detention appeal if proportionality or diligent conduct is doubtful. Third, use the continuation review to demand the ongoing examination of the conditions.