Chapter II, Article 10, Paragraph 4. · Directive (EU) 2024/1346

Contents

4.An applicant may be detained only on the basis of one or more of the following grounds:

(a)to determine or verify his or her identity or nationality;

(b)to determine the elements on which the application for international protection is based which could not be obtained in the absence of detention, in particular where there is a risk of absconding;

(c)to ensure compliance with legal obligations imposed on the applicant through an individual decision in accordance with Article 9(1) in cases where the applicant has not complied with such obligations and there continues to be a risk of absconding;

(d)to decide, in the context of a border procedure in accordance with Article 43 of Regulation (EU) 2024/1348, on the applicant’s right to enter the territory;

(e)when the applicant is detained subject to a return procedure under Directive 2008/115/EC of the European Parliament and of the Council^note in order to prepare the return, or carry out the removal process, and the Member State concerned can substantiate on the basis of objective criteria, including that the applicant already had the opportunity to access the procedure for international protection, that there are reasonable grounds to believe that the applicant is making the application for international protection merely in order to delay or frustrate the enforcement of the return decision;

(f)when protection of national security or public order so requires;

(g)in accordance with Article 44 of Regulation (EU) 2024/1351.

The grounds for detention referred to in the first subparagraph shall be laid down in national law.

Defined terms · 14

Show every defined term

absconding
means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by leaving the territory of the Member State without permission from the competent authorities, for reasons which are not beyond the applicant’s control;
accommodation centre
means any place used for the collective housing of applicants;
applicant
means a third-country national or stateless person who has made an application for international protection in respect of which a final decision has not yet been taken;
applicant with special reception needs
means an applicant who is in need of special conditions or guarantees in order to benefit from the rights and comply with the obligations provided for in this Directive.
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;
daily expenses allowance
means an allowance provided to applicants periodically to enable them to enjoy a minimum degree of autonomy in their daily life, provided as a monetary amount, in vouchers, in kind, or as a combination thereof provided that such an allowance includes a monetary amount;
detention
means 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;
family members
means, in so far as the family already existed before the applicant arrived on the territory of the Member States, the following members of the applicant’s family who are present on the territory of the same Member State during the procedure for international protection:
material reception conditions
means the reception conditions that include housing, food, clothing and personal hygiene products provided in kind, as financial allowances, in vouchers, or as a combination thereof, as well as a daily expenses allowance;
minor
means a third-country national or stateless person below the age of 18 years;
reception conditions
means the full set of measures that Member States grant to applicants in accordance with this Directive;
representative
means a natural person or an organisation, including a public authority, appointed by the competent authorities, with the necessary skills and expertise, including with regard to the treatment and specific needs of minors, to represent, assist and act on behalf of an unaccompanied minor, as applicable, in order to safeguard the best interests and general well-being of that unaccompanied minor and so that the unaccompanied minor can benefit from the rights and comply with the obligations provided for in this Directive;
risk of absconding
means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria defined by national law, to believe that an applicant might abscond;
unaccompanied minor
means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her, whether by the law or practice of the Member State concerned, and for as long as that minor is not effectively taken into the care of such an adult, including a minor who is left unaccompanied after he or she has entered the territory of the Member States;