Administrative detention of vulnerable asylum-seekers in the European Union

Abstract

Many people escape wars and persecution in their countries of origin in search for a better life, seeking asylum in Europe. Once they enter the EU and apply for asylum, these asylum-seekers can be subject to detention. Some asylum-seekers are considered to be vulnerable because of their personal circumstances but can be subject to detention just like any other normal asylum-seeker. Consequently, the focus of this thesis is going to be on the EU recast Reception Conditions Directive (which amended the 2003 Reception Conditions Directive) which forms part of the Common European Asylum System. It deals with the reception conditions whilst an asylum-seeker awaits a decision regarding the asylum application and also, when one is in detention pending a decision as to which Member State is responsible to examine the application in case of multiple applications. This recast specifically provides safeguards regarding vulnerable asylum-seekers with special needs in detention as opposed to the 2003 Reception Conditions Directive which dealt very little with detention and vulnerable asylum-seekers. Reference is also made to certain provisions found in the recast Asylum Procedures Directive and Dublin III Regulation, which also form part of the Common European Asylum System, and which are relevant for the purpose of this subject. Besides the vital safeguards in regard to vulnerable asylum-seekers in detention, this thesis will show that some of the provisions affect them negatively. There are others which even go against the Charter of Fundamental Rights of the EU and the European Convention for the Protection of Human Rights and Fundamental Freedoms. As a result, throughout the thesis, there was the need to address existing loopholes found in the legislation and also put forward recommendations for future legislation to better protect vulnerable asylum-seekers in the context of detention.