The Court of Justice of the European Union has ruled that detention centres holding asylum seekers under border procedures do not need to be located at a Member State’s geographical borders, clarifying the scope of EU law on migration management.
Case involving asylum seekers at Brussels airport
The EU asylum ruling stems from a 2023 case involving third-country nationals who arrived at Brussels airport and applied for international protection. Belgian authorities denied them entry into national territory and placed them in detention centres inside the country while their applications were processed under border procedures set out in EU law.
After the four-week deadline for border procedures expired, authorities continued examining the applications under an accelerated process. Despite this, detention continued in the same facilities, with officials citing a risk of absconding. The applications were ultimately rejected.
National court referral to the CJEU
A Belgian court later referred questions to the Court of Justice of the European Union, asking whether national legislation allowing detention in inland facilities, rather than strictly at borders, complies with EU law.
The EU asylum ruling confirmed that EU legislation does not prohibit Member States from detaining asylum seekers in centres located within their territory, even when border procedures apply. The Court clarified that location alone does not determine the legality of detention under the framework.
Conditions for continued detention
The Court further stated that Member States may extend detention beyond the initial procedural deadline, provided that legal safeguards are respected. These include clear justification, proportionality, and proper notification to applicants regarding any changes in their legal status.
The EU asylum ruling also emphasised that procedural steps taken during border processing remain valid in subsequent stages of the asylum procedure. However, applicants must still be allowed to submit new evidence or statements.
Proportionality and legal safeguards
Finally, the Court underlined that detention or its extension must remain necessary, proportionate, and strictly limited to what is required. It ruled out any automatic or systematic use of detention measures, reinforcing the need for individual assessment in each case.
The EU asylum ruling reinforces the balance between border management and fundamental rights protections within the EU asylum system.
Source: CNA
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