Detention is the confinement of an applicant in a particular place, where they are deprived of their freedom of movement (Article 2(h) RCD (recast)).

An applicant may be detained for the following purposes, when these cannot be obtained without detention (including when there is a risk of absconding) (Article 8(2) and Articles 8(3)(a) and (b) RCD (recast)):

• determining or verifying the identity or nationality of an applicant;
• determining elements of the application when these cannot be obtained without detention, in particular when there is a risk that the applicant will abscond;
• deciding on the applicant’s right to enter the territory;
• preparing or executing a return by virtue of the Directive 2008/115/EC (Returns Directive);
• for national security or public order;
• in accordance with Article 8(3) of the Dublin III regulation.

An applicant can only be detained for as long as the grounds are applicable and for as short a period as possible (Article 9(1) RCD (recast)). For complete information about detention grounds and time limits refer to your national law.

Detention is a measure of last resort in the absence of effective but less coercive alternatives. It is applied based on an individual assessment. At the same time, certain rules and conditions need to be fulfilled. These rules are regulated in Articles 9 and 10 RCD (recast) and are referred to below.  

• The applicant needs to be informed in writing of the reasons for their detention and remedies.
• The lawfulness of detention should be reviewed at regular intervals or on the applicant’s request.
• The applicant must have access to free legal assistance and representation for the judicial review of the detention order.
• Applicants should be detained, as a rule, in specialised detention facilities, separated from ordinary prisoners.
• Applicants should have access to open air spaces.
• Access should be given to family members and advisers or counsellors, in conditions that respect privacy (with limited exceptions).
• Applicants must be informed of their rights, obligations and the rules in the detention facility, in a language they understand or are reasonably supposed to understand.
• For specific groups, such as vulnerable persons, (unaccompanied) minors and families, certain rules and detention conditions apply, as per Article 11 RCD (recast).