is seeking asylum.67 The APD establishes only a few safeguards regarding detention for asylum
seekers. Legal advisers for asylum representation must have access to detention facilities.68
States may only limit access for purposes of security, public order, administrative management,
or to ensue efficient examination of asylum application, so long as it does not severely limit or
render access impossible69. Detention can be enforced, however, for the sole reason that the
individual is applying for asylum70. If an asylum seeker is held in detention, the State shall
ensure the possibility of speedy judicial review. Lastly, States shall allow the UNHCR to have
access to detained applicants.71
The recast of the APD, Directive 2013/32/EU, states that in order to facilitate access to
detention facilities, information should be available for the possibility to apply for international
protection72. Basic communication should be ensured through interpretive arrangements to
enable authorities to understand if applicants have applied for international protection. When a
person files such an application to competent authorities under national law, registration must
take place no later than three working days from the filing of the application. If application is
made to other authorities not under national law, registration must take place no later than six
days from the filing of the application.73 States shall ensure that these other authorities have
relevant information and that their personnel receives necessary training appropriate for
informing applicants on how to file international protection applications. If there are indications
that detainees wish to make an international protection application, States must provide them
67
Lundby, supra note 41
Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for
granting and withdrawing refugee status [2005] L 326/13, art. 10 [hereinafter, Council Directive 2005/85/EC]
69
Council Directive 2005/85/EC, art. 34.
70
Council Directive 2005/85/EC, art. 18, para. 1.
71
Council Directive 2005/85/EC, art. 10, para. 1(c).
72
Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for
granting and withdrawing international protection (recast) [2013] L 180/60, preamble, para. 28 [hereinafter,
Directive 2013/32/EU (Recast)]
73
Directive 2013/32/EU (Recast), art. 6, para. 1.
68
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