Legal detention period
The initial period of detention in a detention centre is two months. The Minister or their delegate may extend this period by two months by the Law of 15/12/1980. After a two-month extension, the Minister may extend the detention by one month. The foreign national must be released after five months of detention. In cases where the protection of public order is required, the Minister may extend the foreign national's detention by one month (each time) up to a maximum of eight months.
When the identification procedure has been completed and the administration has obtained the necessary travel documents, but the irregular foreigner refuses to return, a new decision to detain them is made based on this refusal. Each new refusal results in a new period of detention for which the maximum time limit can be applied.