Restricting freedom of movement in the Republic of Lithuania

What are the grounds for detention of an alien?

In accordance with Article 113 of the Law on the Legal Status of Aliens of the Republic of Lithuania an alien may be detained on the following grounds:

1. in order to prevent the alien from entering the Republic of Lithuania without a permit;

2. the alien has unlawfully entered the Republic of Lithuania or illegally stays in it;

3. when it is attempted to return the alien who has been refused admission into the Republic of Lithuania to the country from which he arrived;

4. when the alien is suspected of using counterfeit documents;

5. when a decision is taken to expel the alien from the Republic of Lithuania or another state to which the Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals applies;

6. in order to prevent the spread of dangerous or especially dangerous contagious diseases;

7. he suffers from diseases with epidemic potential as defined by the regulations of the World Health Organisation or other human contagious (infectious or parasitic) diseases which, according to laws of the Republic of Lithuania, are the subject of control provisions;

8. when the alien’s stay in the Republic of Lithuania represents a threat to national security, public order or public health;

9. when deciding on the return of an alien to a foreign state, his expulsion from the Republic of Lithuania, the obligation of the alien to leave the Republic of Lithuania or the transfer of an asylum applicant to another EU Member State responsible for examining an application for asylum, the alien may be detained only if the detention is necessary for the taking of and/or enforcement of the relevant decision (if the alien hampers the taking and/or enforcement of the decision and may abscond to avoid return, expulsion or transfer);

10. he is to be expelled from the Republic of Lithuania;

11. in order to establish and/or verify his identity/citizenship;

12. when deciding on the return of an alien to a foreign state, there are serious grounds for believing that he may abscond to avoid return to a foreign state or expulsion from the Republic of Lithuania;

13. in order to identify the grounds underlying his application for asylum (the information on the grounds could not be obtained without detaining the asylum applicant), and where there are grounds for believing that he may abscond to avoid return to a foreign state or expulsion from the Republic of Lithuania;

14. when deciding on the return of an alien to a foreign state, he applies for asylum and there are serious grounds for believing that this application was filed only in order to postpone or hinder the enforcement of the decision to return him to a foreign state, and the alien already had an opportunity to avail himself of the procedure for granting asylum;

15. according to Article 28 of the Regulation (EU) No 604/2013.

For what period may an alien be detained?

In accordance with Article 114 of the Law on the Legal Status of Aliens of the Republic of Lithuania an alien may be detained by the police or any other law enforcement institution officer for a period not exceeding 48 hours.

An alien shall be detained at the Foreigners’ Registration Centre of the State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania located in the town of Pabradė, in Švenčionys district, for a period exceeding 48 hours by a decision of the court.

Vulnerable persons and families with minor aliens may be detained only in exceptional cases having regard to the best interest of a child and vulnerable persons.

An alien may not be detained for a period in excess of six months, with the exception of the cases when he does not cooperate in the process of his expulsion from the Republic of Lithuania (refuses to provide his personal data, provides false information, etc.) or when the documents required for the expulsion of such an alien from the State’s territory are not received. In such cases, the period of detention may be extended for an additional period not exceeding 12 months.

An alien’s detention must be as short as possible, and in the cases referred to in Article 113(2) of the said Law an alien may be detained for no longer than is necessary for the taking of a decision to return the alien to a foreign state, to expel him from the Republic of Lithuania, to impose an obligation to leave the Republic of Lithuania or to transfer an asylum applicant to another EU Member State responsible for examining the application for asylum, and/or for the expulsion from the Republic of Lithuania or the transfer of the asylum applicant to another EU Member State responsible for examining the application for asylum.

An alien’s detention must be as short as possible and no longer than is necessary on the basis of the appropriate grounds for detention established in Article 113(4) of this Law.

When may an alternative to detention be imposed?

According to Article 115(1) of the Law on the Legal Status of Aliens of the Republic of Lithuania (Dėl užsieniečių teisinės padėties), in view of the fact that an alien’s identity has been established, he represents no threat to national security and public order, assists the court in determining his legal status in the Republic of Lithuania as well as other circumstances, the court may take a decision not to detain the alien and to provide an alternative to detention.

What are alternatives to detention?

Pursuant to Article 115(2) of the Law on the Legal Status of Aliens of the Republic of Lithuania (Dėl užsieniečių teisinės padėties) the following alternatives to detention may be applied with regard to an alien:

1) the alien must, regularly at the fixed time, report at the relevant territorial police agency;

2) the alien must, by means of communication, inform at the fixed time the relevant territorial police agency about his whereabouts;

4) entrusting of the guardianship of an alien, pending the resolution of the issue of his detention, to a citizen of the Republic of Lithuania or an alien lawfully residing in the Republic of Lithuania who is related to the alien, provided that the person undertakes to take care of and support the alien;

5) accommodation of the alien at the Foreigners’ Registration Centre without restricting his freedom of movement (applies only to asylum applicants).

If alternatives to detention specified in paragraph 2 of this Article and provided by a decision of the court are not enforced, a territorial police agency shall apply to the court for detention of an alien.

When taking a decision to provide an alternative to detention, time limits for its application must be set. 

What are the grounds for detention of an alien?

In accordance with Article 113 of the Law on the Legal Status of Aliens of the Republic of Lithuania (Dėl užsieniečių teisinės padėties) an alien may be detained on the following grounds:

  1. in order to prevent the alien from entering the Republic of Lithuania without a permit;
  2. the alien has unlawfully entered the Republic of Lithuania or illegally stays in it;
  3. when it is attempted to return the alien who has been refused admission into the Republic of Lithuania to the country from which he arrived;
  4. when the alien is suspected of using counterfeit documents;
  5. when a decision is taken to expel the alien from the Republic of Lithuania or another state to which the Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals applies;
  6. in order to prevent the spread of dangerous or especially dangerous contagious diseases;
  7. he suffers from diseases with epidemic potential as defined by the regulations of the World Health Organisation or other human contagious (infectious or parasitic) diseases which, according to laws of the Republic of Lithuania, are the subject of control provisions;
  8. when the alien’s stay in the Republic of Lithuania represents a threat to national security, public order or public health;
  9. when deciding on the return of an alien to a foreign state, his expulsion from the Republic of Lithuania, the obligation of the alien to leave the Republic of Lithuania or the transfer of an asylum applicant to another EU Member State responsible for examining an application for asylum, the alien may be detained only if the detention is necessary for the taking of and/or enforcement of the relevant decision (if the alien hampers the taking and/or enforcement of the decision and may abscond to avoid return, expulsion or transfer);
  10. he is to be expelled from the Republic of Lithuania;
  11. in order to establish and/or verify his identity/citizenship;
  12. when deciding on the return of an alien to a foreign state, there are serious grounds for believing that he may abscond to avoid return to a foreign state or expulsion from the Republic of Lithuania;

13.   in order to identify the grounds underlying his application for asylum (the information on the grounds could not be obtained without detaining the asylum applicant), and where there are grounds for believing that he may abscond to avoid return to a foreign state or expulsion from the Republic of Lithuania;

14.   when deciding on the return of an alien to a foreign state, he applies for asylum and there are serious grounds for believing that this application was filed only in order to postpone or hinder the enforcement of the decision to return him to a foreign state, and the alien already had an opportunity to avail himself of the procedure for granting asylum;

15.   according to Article 28 of the Regulation (EU) No 604/2013.

 

 

 

 

For what period may an alien be detained?

In accordance with Article 114 of the Law on the Legal Status of Aliens of the Republic of Lithuania (Dėl užsieniečių teisinės padėties) an alien may be detained by the police or any other law enforcement institution officer for a period not exceeding 48 hours.

An alien shall be detained at the Foreigners’ Registration Centre of the State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania located in the town of Pabradė, in Švenčionys district, for a period exceeding 48 hours by a decision of the court.

Vulnerable persons and families with minor aliens may be detained only in exceptional cases having regard to the best interest of a child and vulnerable persons.

An alien may not be detained for a period in excess of six months, with the exception of the cases when he does not cooperate in the process of his expulsion from the Republic of Lithuania (refuses to provide his personal data, provides false information, etc.) or when the documents required for the expulsion of such an alien from the State’s territory are not received. In such cases, the period of detention may be extended for an additional period not exceeding 12 months.

An alien’s detention must be as short as possible, and in the cases referred to in Article 113(2) of the said Law an alien may be detained for no longer than is necessary for the taking of a decision to return the alien to a foreign state, to expel him from the Republic of Lithuania, to impose an obligation to leave the Republic of Lithuania or to transfer an asylum applicant to another EU Member State responsible for examining the application for asylum, and/or for the expulsion from the Republic of Lithuania or the transfer of the asylum applicant to another EU Member State responsible for examining the application for asylum.

An alien’s detention must be as short as possible and no longer than is necessary on the basis of the appropriate grounds for detention established in Article 113(4) of this Law.

When may an alternative to detention be imposed?

According to Article 115(1) of the Law on the Legal Status of Aliens of the Republic of Lithuania (Dėl užsieniečių teisinės padėties), in view of the fact that an alien’s identity has been established, he represents no threat to national security and public order, assists the court in determining his legal status in the Republic of Lithuania as well as other circumstances, the court may take a decision not to detain the alien and to provide an alternative to detention.

What are alternatives to detention?

Pursuant to Article 115(2) of the Law on the Legal Status of Aliens of the Republic of Lithuania (Dėl užsieniečių teisinės padėties) the following alternatives to detention may be applied with regard to an alien:

1) the alien must, regularly at the fixed time, report at the relevant territorial police agency;

2) the alien must, by means of communication, inform at the fixed time the relevant territorial police agency about his whereabouts;

4) entrusting of the guardianship of an alien, pending the resolution of the issue of his detention, to a citizen of the Republic of Lithuania or an alien lawfully residing in the Republic of Lithuania who is related to the alien, provided that the person undertakes to take care of and support the alien;

5) accommodation of the alien at the Foreigners’ Registration Centre without restricting his freedom of movement (applies only to asylum applicants).

If alternatives to detention specified in paragraph 2 of this Article and provided by a decision of the court are not enforced, a territorial police agency shall apply to the court for detention of an alien.

When taking a decision to provide an alternative to detention, time limits for its application must be set.

Paskutinis atnaujinimas: 2016-03-16 10:51:53