Freedom of movement may be restricted under the new Law on Aliens of 2003, which came into force in January 2003 and comes into use in July 2004. Under Article 58 a person who cannot be immediately forcefully removed or whose identity is not clarified will have their freedom of movement limited through accommodation in reception centres for aliens.

More

Freedom of movement may be restricted under the new Law on Aliens of 2003, which came into force in January 2003 and comes into use in July 2004. Under Article 58 a person who cannot be immediately forcefully removed or whose identity is not clarified will have their freedom of movement limited through accommodation in reception centres for aliens. Article 59 states that accommodation in reception centres is until the forceful removal of a migrant can be carried out, which must take into account that the time spent in the centre cannot be longer than 90 days. Migrants may be accommodated in a reception centre again: if they are in the process of establishing their identity or gathering documentation; for security reasons; or if during the process of forceful removal the person has made a claim for asylum. Migrants may be released from reception centres if it can be reasonably expected that it would not be possible to forcibly remove them. Article 60 provides for further restrictions on the free movement of those for whom it could be reasonably expected would leave the centre without prior approval or not follow the rules of the centre. Article 61 provides that accommodation in reception centres is decided by the relevant Police authority against which there is an appeal (see 8.9 – Legal Recourse).

The Law on Asylum of 2003 which comes into force in July 2004, under Article 40, states that the freedom of movement of asylum seekers can be restricted for reasons stated in Article 5 paragraph 1 (3) of this Law, relating to crime and security (see 8.11 – Migration and Crime); to establish identity; for the containment of spreading of infectious diseases; or for not complying with the Law and other Regulations which are for public order. Freedom of movement may be limited under this provision by forbidding movement outside reception centres; forbidding movement outside certain areas of the country; or forbidding movement outside a certain address. Movements may be restricted for a maximum of 3 months under Article 40, although if exceptionally justified restrictions may be extended for a further month.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

Hide