The Legality of Detention of Asylum Seekers under the Dublin III Regulation

ECRE Legality of Detention


Date of publication:  01 Jun 2015 Publisher:  Asylum Information Database Publication type:  Legal / Policy Framework

This briefing discusses the new Article 28 of the Dublin III Regulation1 on detention, which only expressly permits detention for the purpose of securing transfer procedures when there is a “significant risk of absconding” and subject to necessity, proportionality and insofar as less coercive alternative measures cannot be applied effectively. It also sketches out the applicable safeguards and conditions of detention under the Dublin III Regulation. The briefing then analyses the legality of detention in Dublin procedures under Article 5 ECHR, to submit that asylum seekers subject to a Dublin procedure/transfer may not be detained either as persons effecting an unauthorised entry or for the purpose of removal under the ECHR. For the purpose of examining the legality of Dublin detention, this briefing will not cover all possible scenarios where the Dublin Regulation would be applicable. As it refers to the “detention of asylum seekers”, its analysis will cover cases where a Member State bound by the EU asylum acquis and the EU Charter would detain a person who has applied for international protection on its territory for the purpose of transferring him or her to another Member State.

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European Union

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