Detention and alternatives to detention in international protection and return procedures

Detention in migration procedures is a measure of last resort, which may only be applied if a less coercive measure cannot be applied effectively. The study examines the use of detention and non-custodial alternatives by EMN Member Countries within the context of asylum and return procedures from 2015 to April 2021. It provides a comparative analysis of national legal frameworks, criteria for applying detention vs alternatives, and the practical impact on compliance, fundamental rights and cost-effectiveness. The report highlights systemic challenges such as limited data availability, divergent national practices, and specific vulnerabilities of groups like unaccompanied minors or pregnant women. For Austria, the findings offer valuable lessons and comparative benchmarks for policy and operational practice. The publication seeks to enable policymakers and practitioners to better evaluate detention regimes and strengthen evidence-informed alternatives.