Skip to content

EU Migration Pact information

A simple site to make the Pact legislation more accessible

Menu
  • Home
    • Asylum and Migration Management Regulation (AMMR)
    • Crisis and Force Majeure Regulation
    • Eurodac Regulation
    • Procedures Regulation
    • Return Border Procedure Regulation
    • Qualification Regulation
    • Resettlement and Humanitarian Admission Regulation
    • Reception Directive
    • Screening Regulation
  • Advanced Search

Return Border Procedure Regulation:
Recital 11

Where an applicant, third-country national or stateless person who was detained during the asylum border procedure provided for in Regulation (EU) 2024/1348Procedures Regulation no longer has a right to remain and has not been allowed to remain, Member States should be able to continue the detention for the purpose of preventing entry into the territory and carrying out a return procedure, in compliance with the guarantees and conditions for detention laid down in Regulation (EU) Directive 2008/115/ECReturns Directive. It should also be possible to detain an applicant, third-country national or stateless person who was not detained during such an asylum border procedure, who no longer has a right to remain and who has not been allowed to remain, if there is a risk of absconding, if he or she avoids or hampers return, or if he or she poses a risk to public policy, public security or national security. That detention should be for as short a period as possible and should not exceed the maximum duration of the return border procedure. When the illegally staying third-country national or stateless person does not return, or is not removed, within that period and the return border procedure ceases to apply, Regulation (EU) Directive 2008/115/ECReturns Directive should apply. The maximum period of detention set out in that Directive should include the period of detention applied during the return border procedure.


Previous
Table of contents
Next
Categories: Recitals Key words: Absconding, Asylum Border Procedure, Detention, Remain in the Member State, Return Border Procedure

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

Search

© EU Migration Pact information 2026. Powered by WordPress