Advancing Alternatives to Migration Detention through Raising the Quality of the ‘Risk Of Absconding’ Decision-Making – A Pilot Project

Research Topic and Roadmap

International human rights law and European Union law require that migration detention is applied only as an exceptional measure of last resort after an individual assessment of necessity and proportionality. However, the application of these standards is lagging behind and migration detention systems have become deeply rooted in legislation and practice across the continent. As a result, alternatives to migration detention remain largely unused. The EU Pact on Migration and Asylum, under which an increase in the detention of asylum seekers is to be expected, may exacerbate this situation.

“Advancing Alternatives to Migration Detention through Raising the Quality of the ‘Risk Of Absconding’ Decision-Making – A Pilot Project” ultimately aims to strengthen alternatives to migration detention that can better protect the dignity and rights of people on the move. The project is implemented by the Ludwig Boltzmann Institute of Fundamental and Human Rights (LBI-GMR) in cooperation with the International Detention Coalition (IDC).

The ultimate beneficiaries of the project are people on the move. However, the direct target group are legal practitioners who decide on migration detention, lawyers, as well as civil society organisations active in this field.

Research Focus

The overall objective of this project is to enhance the quality of decision-making processes that determine the use of migration detention and alternatives, especially focusing on the notion of a risk of absconding in light of international human rights standards.

In most member states of the EU, the risk of absconding is the primary criterion for deciding whether to apply an alternative to migration detention. However, decision-making processes around assessing the risk of absconding lack the necessary quality to consider alternatives adequately. Therefore, this project conducts in-depth national research in two EU member states, Austria and Italy, with a view to identify patterns and create a deeper understanding in the application of migration detention and alternatives in these countries.

Research Method

The research aiming will cover desk research, analysis of migration detention decisions by competent authorities in Austria and Italy, as well as consultations with relevant actors in the forms of interviews and one consultation workshop.

The project output will include a final report including an overview of the main findings in Austria and Italy, as well as recommendations tailored to the realities and needs of different stakeholders.

Based on the research, the project will also produce policy briefs and other advocacy materials.