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European Asylum Support Office publishes new judicial analysis on the detention of asylum seekers

Date of Publication: 
7 May 2019
Summary: 

Clear, readable and user-friendly analysis aimed at members of courts and tribunals

European Asylum Support Office publishes new judicial analysis on the detention of asylum seekers

07 May 2019
EIN

The European Asylum Support Office (EASO) today published a new judicial analysis on the detention of applicants for international protection in the context of the Common European Asylum System.

You can read the 82-page report here.

The judicial analysis is primarily intended for use by members of courts and tribunals concerned with hearing asylum appeals. EASO says the analysis aims to set out the current state of the law on the detention of asylum seekers in a clear, readable and user-friendly format.

This judicial analysis strives to answer the following main questions:

  • What are the major sources of primary and secondary EU law concerning the detention of applicants for international protection?
  • Who is an applicant for international protection?
  • On what grounds and for how long can such a person be detained?
  • What are the alternatives to detention and when do they apply?
  • What specific safeguards are in place, particularly in relation to children and other vulnerable applicants?

The judicial analysis is supported by an appendix listing relevant source material and by a decision tree which is intended to be a quick reference guide to the issues involved when dealing with detention issues.

It is also supported by a compilation of Court of Justice of the European Union (CJEU) and European Court of Human Rights (ECtHR) jurisprudence referred to in the body of the analysis. The 44-page compilation is available here.

Both the judicial analysis and the compilation of jurisprudence were drafted by a working group consisting of judges, including Judge Julian Phillips from the UK, and the UNHCR's legal officer.