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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]

Reception Directive:
Recital 19

For reasons of public order or in order to effectively prevent the applicant from absconding, Member States should be able to decide that the applicant is allowed to reside only in a specific place, such as an accommodation centre, a private house, flat, hotel or other premises adapted for housing applicants. Such decision should not […]

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Reception Directive:
Recital 20

Where there is a risk that an applicant may abscond or where it is necessary to ensure that restrictions to an applicant’s freedom of movement are respected, Member States could require applicants to report to the competent authorities at a specified time or at reasonable intervals, without disproportionately affecting the rights of applicants under this […]

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Reception Directive:
Article 2 – Definitions

For the purposes of this Directive, the following definitions apply: (1) ‘application for international protection’ or ‘application’ means a request for protection from a Member State made by a third-country national or a stateless person who can be understood to be seeking refugee status or subsidiary protection status; (2) ‘applicant’ means a third-country national or […]

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Reception Directive:
Article 5 – Information

1. Member States shall provide applicants with information relating to the reception conditions set out in this Directive, including information specific to their reception systems, as soon as possible and in good time in order to effectively enable applicants to benefit from the rights and comply with the obligations provided for in this Directive. Member […]

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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 […]

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Return Border Procedure Regulation:
Recital 9

When applying the return border procedure, certain provisions of should apply, as they regulate elements of the return border procedure that are not set out in this Regulation, in particular those on definitions, more favourable provisions, non-refoulement, the best interests of the child, family life and state of health, the risk of absconding, the obligation […]

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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 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 […]

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Return Border Procedure Regulation:
Article 4 – Return border procedure

1. Third-country nationals and stateless persons whose application has been rejected in the context of the asylum border procedure shall not be authorised to enter the territory of the Member State concerned. 2. Member States shall require the persons referred to in paragraph 1 to reside for a period not exceeding 12 weeks in locations […]

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Return Border Procedure Regulation:
Article 5 – Detention

1. Detention may be imposed only as a measure of last resort if it proves necessary on the basis of an individual assessment of each case and if other less coercive measures cannot be applied effectively. 2. Persons as referred to in Article 4(1) of this Regulation who were detained during the asylum border procedure, […]

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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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