Judicial analysis on Detention of applicants for international protection

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Courts and tribunals

Detention of applicants for international protection in the context of the Common European Asylum System

The objective of this judicial analysis is to act as a tool for judges hearing detention cases. It is an aid to those familiar with detention cases, as well as an informative, comprehensive and user-friendly analysis for those with little or no experience of hearing detention cases where detention falls within the jurisdiction of other courts. The analysis was developed in light of the fact that legal provisions militate against the use of administrative detention at first instance. It sets out the legal grounds for the use of administrative detention within the CEAS and the varying forms of detention, as well as the alternatives to detention, the duration, conditions, detention facilities for people belonging to vulnerable groups and the burden of proof. The analysis is complemented by appendices including the relevant legal provisions and a decision tree.

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