Asylum seekers are placed in a detention centre if alternatives to detention cannot be used and for the following reasons:
- In order to establish or verify their identity;
- To gather information, with the asylum seeker’s cooperation, connected with the asylum application, which cannot be obtained without detaining the applicant and where there is a significant risk of absconding;
- In order to make or execute the return decision, if an asylum seeker had a possibility to claim for asylum previously and there is a justified assumption that he or she claimed asylum to delay or prevent the return;
- When it is necessary for security reasons;
- In accordance with Article 28 of the Dublin III Regulation, when there is significant risk of absconding and immediate transfer to another EU country is not possible.
A “risk of absconding” of the asylum seekers exists particularly if they:
- Do not have any identity documents when they apply for asylum;
- Crossed or attempted to cross the border illegally, unless they are so called “directly arriving” (i.e. arrived from the territory where they could be subject to persecution or serious harm) and they submitted an application for granting refugee status immediately and they explain the credible reasons of illegal entry;
- Entered Poland during the period for which their data were entered to the list of undesirable foreigners in Poland or to Schengen Information System in order to refuse entry.
Detention is possible in law and in practice in all asylum procedures, especially in the case of illegal crossing of the border and transfer under the Dublin Regulation.
There are concerns that detention is not used as a measure of last resort and is often prolonged automatically, but the ratio between the number of asylum applicants and the number of detainees show that there is no systematic detention of asylum seekers as such.