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The confinement of an applicant by a Member State within a particular place, where the applicant is deprived of his or her freedom of movement. [defined in Article 2 of the Reception Directive]
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 […]
1. A legal adviser who legally represents an applicant under the terms of national law shall be granted access to the information in the applicant’s file on the basis of which a decision is or shall be taken. 2. Access to the information or to the sources in the applicant’s file may be denied in […]
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 […]
1. The competent authorities of the Member State where an application for international protection is made shall, upon registration of the application, provide the applicant with a document in his or her own name indicating that an application has been made and registered. That document shall be valid until the document referred to in paragraph […]
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, […]
1. Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may wish to make an application for international protection, the competent authorities under Article 4 shall provide them with information on the possibility to do so. 2. Where […]
1. In a situation of crisis as defined in Article 1(4) of and in relation to illegally staying third-country nationals or stateless persons whose application has been rejected in the context of the asylum border procedure pursuant to Article 11(3), (4) and (6) of , who have no right to remain and who are not […]
1. The border procedure shall be applied to unaccompanied minors only in the circumstances referred to in Article 42(3), point (b). Where there is doubt as to the applicant’s age, the competent authorities shall promptly carry out an age assessment in accordance with Article 25. 2. Member States shall not apply or shall cease to […]
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 […]
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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