Each individual must be assessed individually, with alternatives to detention considered in all
cases. Detention is provided for on the following grounds: (a) to establish their identity or origin;
(b) to examine main elements of the claim where there is a risk of absconding; (c) when the
person had the opportunity to seek protection and applies solely to avoid deportation; (d) when
the person poses a threat to national security or public order; and (e) to conduct a Dublin transfer
where there is a significant risk of absconding.86 Detention may only last for 45 days, but can be
renewed for a further 45 days. Unaccompanied minors can only be detained for 25 days, but can
be renewed further for 20 days only if the minor cannot be transferred to a dedicated reception
facility.87
Article 60 covers border procedure with new elements added by Article 60(4). Article 60
(4) enables the Ministers of Interior and Defense to adopt exceptional measures in case of large
numbers of arrivals lodging asylum applications at the border or while staying in Reception and
Identification Centers. These measures include the possibility for European Asylum Support
Office, (“EASO”), officials and interpreters to support the national authorities in registration and
the conduct of interviews, a deadline of one day for applicants to prepare for the interview, and a
maximum time limit of 3 days for deciding on appeals. They may not be applied to vulnerable
groups or persons falling within the family provisions of the Dublin III Regulation.88
Article 61 brought about slight change to the Appeals Process, The deadline for appealing
a decision from detention has increased from 10 days to 15 days, while the deadline for appeals
submitted in a border procedure or in a reception and identification procedure has been extended
from 3 to 5 days.89
86
Id.
Id.
88
Id.
89
Id.
87
26
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