The Court of Justice of the European Union has ruled that asylum seekers undergoing border procedures may be detained in facilities located within a member state’s territory, and not strictly at its geographical borders.
The decision stems from a 2023 case involving third-country nationals who arrived at Brussels Airport and applied for international protection. Belgian authorities denied them entry and placed them in detention centres within the country as part of EU border procedures.
After the four-week deadline for the border procedure expired, the authorities continued examining the applications under a fast-track process. Detention was also maintained, citing a risk of absconding. The asylum applications were ultimately rejected.
A Belgian court, reviewing appeals against those decisions, referred questions to the EU court on whether such detention practices comply with EU law.
The Court found that EU legislation does not prohibit member states from detaining asylum seekers in facilities located away from border areas, even when applying border procedures. It also confirmed that detention may be extended in the same facilities beyond the initial time limit, provided all legal conditions are met.
These include the existence of valid grounds for detention, respect for proportionality, and safeguards protecting applicants’ rights, such as proper information on any change in their legal status.
The Court further noted that investigative measures carried out during the border procedure remain valid in subsequent stages of the asylum process. At the same time, applicants retain the right to submit new evidence or statements.
Finally, the ruling emphasises that detention must be necessary, proportionate and limited to the shortest possible duration, explicitly ruling out any automatic or systematic use of the measure.
Source: CNA