Glossary / Immigration & Asylum Law

Immigration detention

Immigration detention is not a criminal sentence; it is an administrative measure intended to secure removal, transfer, identity clarification or compliance with migration procedures. In Switzerland it may be ordered only where legal grounds exist, less intrusive measures are insufficient and detention remains proportionate. Detainees have procedural rights, including review by an independent authority, access to legal assistance and humane conditions. Special caution is required for children, families and vulnerable persons. International law also limits detention through liberty, dignity and non-refoulement guarantees.

Defined in law

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Discussed in decisions

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