Dear Migration and Home Affairs,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

The minimum length of detention in each 28 EU member state for irregular migrants and rejected asylum seeker at risk of absconding.

Yours faithfully,

Nikolaj Nielsen

EUobserver
Rue Montoyer / Montoyerstraat 18B
1000 Brussels
Belgium

EC ARES NOREPLY,

[1]Ares(2018)4840325 - your request for information

Sent by ve_home.access.to.documents (HOME)
<[email address]>. All responses have to be sent to
this email address.
Envoyé par ve_home.access.to.documents (HOME)
<[email address]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

Dear Sir/Madam,

Thank you for your request for information.

You have sent your request to DG Migration and Home Affairs functional
mailbox, dealing with requests for access to documents.
Please note that your request will be treated as a request for
information, and has been transferred to the relevant department which
will give you an answer within 15 working days, in accordance with the
code of good administrative conduct.

For eventual future requests for information concerning Migration and Home
Affairs, please use the form available on our website:
[2]http://ec.europa.eu/dgs/home-affairs/who...

Best regards,

European Commission
DG Migration and Home Affairs
Access to Documents Team

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Migration et affaires intérieures

1 Attachment

Dear Mr. Nielsen,

 

Thank you for your query. There is no legal minimum length of
administrative detention of irregularly staying third country nationals in
return procedures, but requirements that must be met for detention to take
place (i.e. in the absence of such conditions detention is not possible in
the first place, or cannot be maintained and the migrant concerned must be
released).

 

Article 15 of the Return Directive defines the grounds and procedure for
detention in the context of a return procedure. In particular, it limits
the resort to detention, as a measure to last resort, to cases where there
is a risk of absconding, or where the third-country national concerned
avoids or hampers the preparation of return or the removal process. It
also establishes the principle that detention for the purpose of return
must be as short as possible and only maintained as long as removal
arrangements are ongoing. In addition, a third-country national in
detention must be released if there is no reasonable prospect of removal,
according to Article 15(4) of the Return Directive. On that basis, the
actual duration of detention will always depend on the individual case,
and be accompanied by appropriate judicial review so that detention only
lasts for the necessary period. This will not change with the proposal for
a recast of the Return Directive.

 

Information regarding the maximum length of detention provided for in the
Member States' national legislation pursuant to the return Directive, will
for instance be available in the study [1]'The effectiveness of return in
EU Member States' by the European Migration Network (in particular page
41).

 

Best regards,

 

Home Notifications C1

 

[2]cid:image001.png@01D0421E.58AE1480

European Commission

DG Migration and Home Affairs

HOME.C1: Irregular Migration and Return policy

B-1049 Brussels/Belgium

[3]http://ec.europa.eu/home-affairs

 

 

 

From: EC ARES NOREPLY [[4]mailto:[email address]]
Sent: Thursday, September 20, 2018 3:18 PM
To: Nikolaj Nielsen
Cc: HOME ACCESS DOCUMENTS; HOME EUROPA FEEDBACK
Subject: Ares(2018)4840325 - your request for information

 

[5]Ares(2018)4840325 - your request for information

 

Sent by ve_home.access.to.documents (HOME)
<[6][email address]>. All responses have to be sent to
this email address.

Envoyé par ve_home.access.to.documents (HOME)
<[7][email address]>. Toutes les réponses doivent être
effectuées à cette adresse électronique.

 

Dear Sir/Madam,

Thank you for your request for information.

You have sent your request to DG Migration and Home Affairs functional
mailbox, dealing with requests for access to documents.
Please note that your request will be treated as a request for
information, and has been transferred to the relevant department which
will give you an answer within 15 working days, in accordance with the
code of good administrative conduct.

For eventual future requests for information concerning Migration and Home
Affairs, please use the form available on our website:
[8]http://ec.europa.eu/dgs/home-affairs/who...

Best regards,

European Commission
DG Migration and Home Affairs
Access to Documents Team

Afficher les sections citées