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Reception Directive:
Recital 26

The detention of applicants should be applied in accordance with the underlying principle that persons should not be held in detention for the sole reason that they are seeking international protection, particularly in accordance with the international legal obligations of the Member States and in particular with Article 31 of the Geneva Convention. It should be possible for applicants to be detained only under the very clearly defined exceptional circumstances laid down in this Directive and subject to the principles of necessity and proportionality with regard to both the manner and the purpose of such detention. The detention of applicants pursuant to this Directive should only be ordered in writing by judicial or administrative authorities stating the reasons on which it is based, including in cases where the person is already detained when making the application for international protection. Where an applicant is held in detention, that applicant should have effective access to the necessary procedural guarantees, such as judicial review and the right to free legal assistance and representation, where applicable under this Directive.


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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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