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Reception Directive:
Article 9 – Restrictions of freedom of movement

1. Where necessary, Member States may decide that an applicant is allowed to reside only in a specific place that is adapted for housing applicants, for reasons of public order or to effectively prevent the applicant from absconding, where there is a risk of absconding, in particular with regard to:

(a) applicants who are required to be present in another Member State in accordance with Article 17(4) of Regulation (EU) 2024/1351Asylum And Migration Management Regulation; or

(b) applicants who have been transferred to the Member State where they are required to be present in accordance with Article 17(4) of Regulation (EU) 2024/1351Asylum And Migration Management Regulation after having absconded to another Member State.

Where an applicant has been allowed to reside only in a specific place in accordance with this paragraph, the provision of material reception conditions shall be subject to the actual residence by the applicant in that specific place.

2. Member States may, where necessary, require applicants to report to the competent authorities at a specified time or at reasonable intervals, without disproportionately affecting the rights of the applicants under this Directive.

Such reporting requirements may be imposed to ensure that the decisions referred to in paragraph 1 are respected or to effectively prevent applicants from absconding.

3. Upon the request of the applicant, Member States may grant that applicant permission to reside temporarily outside the specific place designated in accordance with paragraph 1. Decisions regarding such permission shall be taken objectively and impartially on the merits of the individual case and reasons shall be given if such permission is not granted.

The applicant shall not be required to request permission to attend appointments with authorities and courts if the attendance of that applicant is necessary. The applicant shall notify the competent authorities of such appointments.

4. The decisions taken in accordance with paragraphs 1 and 2 shall be proportionate and take into account relevant aspects of the individual situation of the applicant, including the special reception needs of that applicant.

5. Member States shall state reasons in fact and, where relevant, in law for any decision taken in accordance with paragraphs 1 and 2 of this Article in that decision. Applicants shall be informed in writing of such a decision, as well as of the procedures for challenging the decision in accordance with Article 29 and of the consequences of non-compliance with the obligations imposed by the decision. Member States shall provide applicants with such information in a language that they understand or are reasonably supposed to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Member States shall ensure that the decisions taken in accordance with this Article are reviewed by a judicial authority ex officio where those decisions have been applied for more than two months, or that those decisions may be appealed at the request of the applicant concerned in accordance with Article 29.


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Correlation table

Directive 2013/33/EUThis Directive
Article 7(2)Article 9(1), first subparagraph
—Article 9(1), second subparagraph
—Article 9(2)
Article 7(4)Article 9(3)
—Article 9(4) and (5)
Categories: Articles Key words: Absconding, Effective Remedy, Member State Responsible, Risk of absconding, Special reception needs

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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