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Tag: Absconding

The action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory without permission, for reasons not beyond the applicant’s control. [defined in Article 2 of the Reception Directive]

Screening Regulation:
Recital 6

In particular, the screening of third-country nationals should contribute to ensuring that they are referred to the appropriate procedures at the earliest stage possible and that those procedures are continued without interruption or delay. At the same time, the screening should help to counter the practice whereby some applicants for international protection abscond after having […]

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AMMR:
Recital 58

In order to ensure that the procedures set out in this Regulation are respected and to prevent obstacles to the efficient application of this Regulation, in particular in order to avoid absconding of third-country nationals and stateless persons or their unauthorised movements between Member States, it is necessary to establish clear obligations for the applicant […]

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Screening Regulation:
Recital 11

Third-country nationals subject to the screening should remain available to the screening authorities during the screening. Member States should lay down in their national law provisions to ensure the presence of those third-country nationals during the screening in order to prevent absconding. Where it proves necessary and on the basis of an individual assessment of […]

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AMMR:
Recital 59

In order to limit the possibility that the behaviour of applicants could lead to the cessation or shift of responsibility to another Member State, the time limits leading to cessation or the shift of responsibility where the person concerned leaves the territory of the Member States during the examination of the application or absconds to […]

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Screening Regulation:
Article 6 – Authorisation to enter the territory of a Member State

During the screening, the persons referred to in Article 5(1) and (2) shall not be authorised to enter the territory of a Member State. Member States shall lay down in their national law provisions to ensure that persons referred to in Article 5(1) and (2) remain available to the authorities responsible for carrying out the […]

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AMMR:
Article 19 – Right to information

1. As soon as possible and in any event by the date when an application for international protection is registered in a Member State, the competent authority of that Member State shall provide the applicant with information on the application of this Regulation, on his or her rights pursuant to this Regulation, and on the […]

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Screening Regulation:
Article 7 – Screening within the territory

1. Member States shall carry out the screening of third-country nationals illegally staying within their territory only where such third-country nationals have crossed an external border to enter the territory of the Member States in an unauthorised manner and have not already been subjected to the screening in a Member State. Member States shall lay […]

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AMMR:
Article 38 – Start of the procedure

1. The Member State where an application for international protection is first registered pursuant to or, where applicable, the Member State of relocation shall start the procedure for determining the Member State responsible without delay. 2. If the applicant absconds, the Member State where an application is first registered or, where applicable, the Member State […]

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AMMR:
Article 44 – Detention

1. Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. 2. Where there is a risk of absconding or where the protection of national security or public order so requires, Member States may detain the person concerned in […]

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Reception Directive:
Recital 12

In order to ensure that applicants are aware of their rights and obligations, Member States should provide them in writing, or, where necessary, orally, or, where appropriate, in a visual form, with information relating to the reception conditions set out in this Directive. Such information should be provided as soon as possible, and in good […]

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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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