Asylum Procedure for Persons in Detention or in a Reception and Identification Procedure
If you are detained or staying in a Reception and Identification Centre (RIC) or in a Closed Controlled Access Centre (CCAC), the detention or reception and identification authorities will inform the Asylum Service of your wish to apply for international protection, and the registration of your application will be scheduled.
On the day of registration, you will either be transferred to the nearest Regional Asylum Office, or you will be registered by an Asylum Unit of the Asylum Service operating in the place where you reside (if you are a detainee), or you will be registered by the Reception and Identification Service (if you are staying in a RIC/CCAC).
The registration will be carried out with the assistance of an interpreter in a language you understand, and the Asylum Service or Reception and Identification Service staff will provide you with all the necessary information about the procedure.
If you have documents that prove your identity, such as a passport, or other documents related to your application, you should have them with you. When lodging your application, your photograph will be taken, along with your fingerprints.
After being registered, instead of an International Protection Applicant Card, you will be given a document stating the date you must attend the interview.
If you apply for international protection while in detention for a criminal offence, you will remain in detention until you have served the sentence imposed on you.
If you apply for international protection while in detention because you entered the country irregularly or because your removal from the country is pending, you may, if the police consider that no other measures can be applied in your case, remain in detention:
(a) to establish the true facts of your identity or origin.
(b) to identify the information upon which your application is based, which would otherwise be impossible to obtain, especially where there is a risk of absconding.
(c) where there are reasonable grounds to consider that you are making the request to delay or prevent the execution of a return decision.
(d) if you constitute a danger to national security or public order.
e) in case there is a significant risk of absconding within the meaning of Regulation (EU) No 604/2013, and to ensure the implementation of the transfer procedure in accordance with that Regulation.
An administrative detention can last up to eighteen (18) months, depending on the reason for your detention. Your detention is decided by the Chief of Police who must explain in detail in his decision why your detention was decided.
You have the right to appeal against the decision to detain you before the President or the competent Judge of the Administrative Court of First Instance of the district in which you are detained.
If you decide to resign from your application, you must do so in person before the competent Asylum Service officer. If there is no Asylum Unit in or near the place where you are detained, you will have to be transferred to the nearest Regional Asylum Office or Asylum Unit for this purpose.
If you are a detainee or stay in a Reception and Identification Service facility, your International Protection Applicant Card must be issued on the day you are released or after the reception and identification procedures have been completed, if your application is still pending. It is imperative that you report promptly to the nearest competent Regional Asylum Office to provide your contact details and be issued a card if this has not already been done.
The decision on your application is served by the competent Asylum Service officer, in person, or by the Head of the Detention Authority, Centre or Facility.
If the decision is negative, you may appeal in person before the competent Asylum Service official. If there is no Asylum Unit in or near the place where you are detained, you will have to be transferred to the nearest Regional Asylum Office or Asylum Unit.
If you live in an Accommodation facility or far away from the Regional Asylum Office that issued the decision, you may lodge an appeal at the nearest Regional Asylum Office or Asylum Unit or to the Head of the Facility.
If the decision is positive, a decision will be issued to lift your detention, unless you are a criminal detainee, in which case you will have to serve your sentence. On the day you are released, you will be given the necessary documents. It is imperative that you report promptly to the nearest competent Regional Asylum Office or Asylum Unit to declare your address and other contact details.
