are subject to Schengen Code Article 13 refusal of entry or who are apprehended due to irregular
crossing and who have not obtained authorization to stay51.
The Receptions Conditions Directive (2003/9/EC)
The RCD and its recast apply to an applicant who is seeking international protection. It
also establishes minimum standards and authorizes detention for asylum seekers. It defines
detention as, “confinement of an asylum seeker by a Member State within a particular place,
where the applicant is deprived of his or her freedom of movement.” It states that detention
should be designed to meet the needs of the detainee’s situation52.
According to the RCD, States must ensure that within three days after an asylum
application is filed, the applicant must be provided with documents certifying his or her status, or
if it is pending or examined, that he or she is allowed to stay and whether he or she is allowed to
move within the State’s territory53. States do not have to provide such documents when
examination of asylum application was made at the border or during a procedure in deciding
right to stay. In specific cases, States may provide other evidence equivalent to such documents.
Such documentation does not need to certify the identity of the asylum seeker.54
Similar to the RD, States shall ensure adequate standard of living conditions and
sustenance. They must also ensure specific standard of living situations for people with special
needs.
51
Directive 2008/115/EC, art. 2.
Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum
seekers [2003] L 31/18, preamble. (hereinafter, Council Directive 2003/9/EC)
53
Council Directive 2003/9/EC, art. 6, para. 1.
54
Council Directive 2003/9/EC, art. 5, para. 3.
52
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