FNIA Art. 80a - Detention order and detention review under the Dublin procedure

Einleitung zur Rechtsnorm FNIA:

Art. 80a FNIA from 2024

Art. 80a ⁽¹⁾ Detention order and detention review under the Dublin procedure

¹ The following authorities are responsible for issuing detention orders under Article 76a:

² ... ⁽⁴⁾

³ The legality and appropriateness of detention shall be reviewed at the request of the detainee by a judicial authority in a written procedure. This review may be requested at any time. ⁽⁵⁾

⁴ The detainee may apply for release from detention at any time. The judicial authority must decide on the application within eight working days in a written procedure.

⁵ The detention of children and young persons under 15 years of age is not permitted.

⁶ In the case of a detention order in respect of an unaccompanied minor seeking asylum, the representative under Article 64a paragraph 3^bis of this Act or under Article 17 paragraph 3 AsylA will be informed in advance.

⁷ The detention order shall be revoked if:

⁸ When reviewing the decision to issue, extend or revoke a detention order, the judicial authority shall also take account of the detainee’s family circumstances and the circumstances behind the enforcement of detention.