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AMMR:
Article 45 – Time limits for detained applicants

1. By way of derogation from Articles 39 and 41, where a person is detained pursuant to Article 44, the period for submitting a take charge request or a take back notification shall not exceed two weeks from the registration of the application for international protection or two weeks from receiving the Eurodac hit where no new application has been registered in the notifying Member State.

Where a person is detained at a later stage than the registration of the application, the period for submitting a take charge request or a take back notification shall not exceed one week from the date on which the person was placed in detention.

2. By way of derogation from Article 40(1), the requested Member State shall reply as soon as possible, and in any event within one week of receipt of the request. Failure to reply within the one-week period shall be tantamount to accepting the take charge request and shall entail the obligation to take charge of the person, including the obligation to provide for proper arrangements for arrival.

3. By way of derogation from Article 46, where a person is detained, the transfer of that person from the transferring Member State to the Member State responsible shall be carried out as soon as practically possible, and within five weeks of:

(a) the date on which the request to take charge was accepted or the take back notification was confirmed; or

(b) the date when the appeal or review no longer has suspensive effect in accordance with Article 43(3).

4. Where the transferring Member State fails to comply with the time limits for submitting a take charge request or take back notification or to take a transfer decision within the time limit laid down in Article 42(1) or where the transfer does not take place within the period of five weeks referred to in paragraph 3 of this Article, the person shall no longer be detained. Articles 39, 41 and 46 shall continue to apply accordingly.


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Categories: Articles Key words: Detention, Transfer

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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