Finally, when the asylum seeker is in detention or confined to border posts, States may
set modalities for material reception conditions different than the ones in the Article for as short
as possible55.
Dublin III Regulation (2013/33/EU)
The Dublin Regulation defines detention as the “confinement of an applicant by a
Member State within a particular place, where the applicant is deprived of his or her freedom of
movement.”56 Detention should not be made for the sole reason that the applicant is seeking
international protection. States must act in accordance with Article 31 of the Geneva Convention
Relating to the Status of Refugees of 28 July 1951 (“Refugee Convention”)57. Detention must be
under clearly defined exceptional circumstances, subject to the principles of necessity and
proportionality. During detention, States must guarantee access to necessary procedures, such as
judicial remedy, judicial review, legal aid, etc. States must also verify that detention is as short as
possible and that there is a real prospect that such verification is carried out in the shortest
possible time. Detention should not exceed the reasonable time needed to complete relevant
procedures. What constitutes a “reasonable time” is not explicitly established in the Regulation.58
The Dublin Regulation reiterates the principle that migration detention cannot be made
on other grounds other than for administrative purposes and individuals must be treated with
dignity. When it is impractical to ensure certain guarantees, detention should be temporary, duly
justified, and applied in exceptional circumstances with considerations to the level of derogation
severity, duration, and impact. During detention, States must guarantee protection of family life,
55
Council Directive 2003/9/EC, art. 14, para. 8.
Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for
the reception of applicants for international protection [2013] OJ L 180, art. 2(h) [hereinafter, Directive
2013/33/EU]
57
Directive 2013/33/EU, preamble, para. 3.
58
Directive 2013/33/EU, art. 9.
56
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