Immigration detention
Frequently Asked Questions
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immigration detention procedure
What is immigration detention?
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When do we speak of immigration detention?
Immigration detention is a legal measure applied to a foreign national who no longer has a valid residence permit to stay in the Netherlands. As a result, the foreign national will be placed in detention. This can have various causes, such as expiration or revocation, or failure to meet the requirements for residence.
During this process, the individual's rights are carefully respected, including the right to legal representation and the right to object to retention.
What is the purpose of "stranger detention"?
The main purpose of immigration detention is to prevent the person from resisting deportation. It is not seen as a punishment, but rather a measure to ensure that the person remains available for a planned return to their country of origin. The measure is based on the idea that a person can no longer reside lawfully in the Netherlands, which may be due to, for example, an invalid residence permit. Thus, immigration detention is used to ensure compliance with applicable immigration laws and to enable orderly deportation.
Procedure immigration detention ind
The procedure of immigration detention has many steps. Below we have listed the general process.
- Attorney: when you are placed in immigration detention, you will be provided with a lawyer to assist you legally. This attorney will immediately begin preparing your appeal.
- Filing a notice of appeal: your assigned attorney will initiate the procedure by submitting a notice of appeal digitally through the platform called "My Judiciary. This notice of appeal is an official legal document recording your objections to immigration detention.
- Seat: within fourteen days after the notice of appeal is filed, the court will send a summons to your attorney. Because you are in custody, you will not go to court on your own. You will be escorted to court, where your case will be heard.
- Excerpt: After the hearing, the judge will issue a ruling. If the judge decides to uphold your appeal, this means that you have been vindicated by the judge. In that case, the judge will lift the measure of immigration detention, and this means that you may no longer be detained. However, if the judge decides to declare your appeal unfounded, you will remain detained and the measure of immigration detention will remain in effect.
- Follow-up appeal: it is important to know that you always have the right to appeal the continuation of immigration detention. This is known as filing a follow-up appeal. Your attorney will again file a notice of appeal stating why the detention should be declared unlawful.
- Appeal: Both you and the Immigration and Naturalization Service (IND) have the option to appeal. This appeal is handled by the Administrative Law Division of the Council of State, a high judicial body. Here, your case will be reviewed based on legal arguments and evidence.
Immigration detention lawyer
The legal system provides the opportunity to appeal the imposition of the detention order to the court. This is an important step in regaining your freedom or improving the conditions of your detention.
The specialized immigration law attorneys of Der Bedrosian Law Firm have the experience and expertise in assisting clients in such matters. They will guide you through the entire legal process, from filing appeals to representing your case in court.
Contact us today, and we will do everything we can to help you in your process.
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