What are the requirements for lawful detention in an immigration context?

Requirements

You may be detained if you do not have a legal basis to be in Lithuania. 

For example:

  • You have tried to cross the state border in an unauthorized place.
  • You do not have valid travel documents, a visa, a residence permit or you hide your identity.
  • You have not voluntarily left the country by the date indicated in your return decision.

The specific grounds for detention, when you are in the country without a legal basis, are explained in the Law on the Legal Status of Foreigners.

Human rights standards

Even if there are grounds to detain you, your detention will only comply with human rights standards if:

  • you are detained according to the procedure prescribed in the Law on Legal Status of Foreigners
  • there is an intention to return you to your country and not to keep you endlessly for some other reason

What human rights violation may there be?

If you are not detained according to lawful grounds and/or following lawful procedures, it may result in the violation of the right to liberty and security of a person.

Resources

Last updated 13/01/2017