Pre-deportation detention-What now?
Pre-deportation detention-What now?
"My friend is in detention? What should I do now?"
"My husband is in detention and will be deported next week. Can that still be prevented?"
"The police came to my place night and took my boyfriend in custody? Why can the police simply do that?"
"I'm illegal. If the police find me, will I be put in custody right away?"
If you have already asked yourself such questions and are looking for answers, a lawyer can help you, even in seemingly hopeless situations. A lawyer can inform you about your rights - these also apply to detention pending deportation- enforce them and cause you to hopefully come out of detention.
Why can I be put in pre-deportation detention?
The reason why you can be put in pre-deportation dentention is, so that the Federal Asylum Office (FAO), examines if you are allowed to stay in Austria. In order for you not to go into hiding, and, in case of illegal stay, fulfill your duty to leave Austria, you are put in pre-deportation detention.
Just becase the police is looking for you, does not mean, that you will be put in pre-deportation detention. There are several reasons why the police is looking for someone.
I have heard from a friend that the police is looking for me. Will I automatically be put in pre-deportation dentention?
Just becase the police is looking for you, does not mean, that you will be put in pre-deportation detention. That depends on if there is a already a travel certificate, an arrest warrant has been issued, or if a date for deporation has been fixed.
Moreover the police can look for someone for several reasons, i.e. to serve a letter, request information about a person living in your appartment, inquire about your registration in Austria.
Nevertheless, we recommend, consulting a lawyer immediately to contact the Federal Asylum Office/police, and find out why they are looking for you.
The FAO issues a pre-deporation detention decision and secures your departure, i.e.. organizes Flight/bus tickets, for you to leave Austria.
What happens after I have been detained?
After you come to the detention center, the FAO issues a detention decision against which you can lodge a complaint, see section below.
If you are in detention pending deportation, officials will conduct a proceeding and
review whether you have to leave Austria. If it already has been decided that you have to depart, the FAO has to assess whether there are grounds against the deportation.
The FAO then organizes their departure or orders flight / bus tickets. If you have a passport, the authority can quickly deport you.
If you do not have a travel document, the Austrian authorities can apply for a substitute document (travel certificate) at your embassy in Austria.
You may need to be taken to your embassy as a result. At the embassy, a representative of your country will ask you about your life and your country. An Austrian official is always present. If you have any problems, please alert the Austrian official.
How long detention lasts cannot be determined generally because it dependsmany different factors.
How long can I stay in detention pending deportation?
How long detention lasts cannot be determined generally because it depends
many differentfactors. The FAO, however, in any case, is obliged to keep you in detention pending deportation as short as possible.
The faster you contact a lawyer and file a complaint, the better your chances of getting released from detention.
You have the right to contact a lawyer about your arrest.
I am currently in detention. How can I even get to a lawyer?
You have the right to inform a person of your confidence (for example family members, friends) and a legal counsel (lawyer) about your arrest.
To establish contact, please notify a police officer and the social supervisor.
After you have contacted a lawyer, send your friends to him regarding the payment of the fees for a visition in detention.
Which legal remedies (means of appeal) do I have?
You have the opportunity to file a complaint against the pre-deportation detention, if you believe that the detention is unlawful (wrong).
The right to appeal/complain exists for the duration of the detention and also six weeks after detention has been ended.
Our tip: Contact a lawywer immediately after you have been detained so that they can lodge a complaint. Look for a future place of accomodation, so that you can be available to the authorities.
Your prospects for being released from pre-deportation detention are depedent on several factors. It is wise to lodge a complaint against the detention most of the time
What are my prospects for a complaing against pre-deportation detention? How likely is it that I will be released from detention?
That is dependent on several factors such as:
-if the FAO has your passport or not
-if the embassy can issue papers for your departure without your passport
-if you have family in Austria with residence permit
-if you can find a future place of accomodation
-if a residence ban has been issued against you
-if you are sick and are need of medical care
Important: not everyone in detention is deported. It is wise to lodge a complaint most of the time. If the judge at the Federal Asylum Court (FAC) rejects the complaint, you can lodge an appeal to the Supreme/Supreme Administrative Court, as the possibility remains to be released from detention.
Example:
Mr. M. is from Nigeria und was taken into custody after a police control. Consequently he filed a complaint against the detention as he had family in Austria, lived here for long and had no residence ban, moreoever the embassy had not issued a travel certificate.
After the hearing at the FAC the judge found that due to no existing travel certificate, the current registration at his family's place, he was to be released from detention.
The deportation can be carried out via bus or airplane. The police will either accompany you the bus terminal or airport.
What happens at a deportation?
If the FAO has all the necessary travel documents, a date for departure is set. The deportation can be carried out via bus or airplane.
Due to strict safety standards the police has to secure all your belongings before departure. They will be returned you once you reach your destination.
If you are deported via bus, you have to board a bus in Vienna and are taken into your destined country.
If you are deported via airplane, the police will take you to the aiport and ensure that you board the plane. Should the police expect resistance from you, one or more officers will accompany you on the flight.
If you resist the deportation, the police can take coercive measures. The police can even press charges.
What happens if I resist the deportation?
If you resist the deportation, the police can take coercive measures (for example: handcuffs).
If the attempt to deport to you fails, a new date is scheduled. In these cases you will be accompanied by one moree officers into the destined country.
In addition, it can happen that the police press charges against you for resisting arrest, for which you can expect pre-trial detention awaiting trial.
If the police expects severe resistance, the deportation can be carried out by a charter flight. In this case, you will be handed over to the authorities upon arrival in your home country.
In pre-deportation detention you have the choice of a voluntary departure. This can help you shorten the duration of your detention and avoid a deportation-possibly in police company.
I want to return to my home country voluntarily. What should I do?
In pre-deportation detention you have the choice of a voluntary departure. This can help you shorten the duration of your detention and avoid a deportation-possibly in police company.. The social supervision can assist you in case of a voluntary departure.
If you have a valid passport and want to bear the costs for the flight yourself or through relatives, friends, your voluntary departure, can generally be organized quickly through social supervision.
If your passport is not in the depot with your other belongings (for example: your passport is with friends or your family), it can be delivered to the office of social supervision or at the police detention center. Your friends can give you money for the purchase of a flight ticket, through the office of social supervision and receive confirmation.
If you do not have money, social supervision will help that the costs for your return are paid. In case of a voluntary return, most of the times, limited financial support is given.
If you have no valid travel document, social supervision will obtain a travel certificate for you at the embassy. That can take days, weeks, or even months, depending on the embassy.
It goes much faster, if you give social supervision other identity documents (i.e. driver's license, birth certificate, id, etc.) or have copies sent from your home country via mail.
You should alwaays give your full and proper name and last address and answer all written and oral questions truthfully. Through your cooperation the proceeding and detention can be concluded quickly.
Contact a lawyer promptly to inform you about your possibilities.
What are my next steps? I am in detention pending deportation.
1. Contact a lawyer and schedule a visit.
2. Receive counsel and have an appeal lodged.
3. In case of an appeal, look for a future place of accomodation, so that you are available to the authorities.
What are my next steps? I am illegal and the police is looking for me.
1. Contact a lawyer and schedule an appointment.
2. Hire the lawyer to contact the Federal Asylum Office and find out why the police is looking for you.
Schedule an appointment with the lawyer
In short, a lawyer can fight for your rights to be upheld in pre-deportation detention, and hopefully help you to come out of detention.
Call me at 0650 7283562 or write me at office@anwaltklammer.com
to schedule an appointment for EURO 150. At the appointment we can inform you about what the best approach in your case should be.
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