S.L. 420.9 Art. 8Detention. S.L. 217.12.

(1) The Principal Immigration Officer shall not hold a person in detention for the sole reason that such person is an applicant or on the basis of the nationality of the applicant. The detention shall be based only on one or more of the grounds for detention established in sub-regulation (3). The detention shall not be punitive in nature:

Provided that where necessary and on the basis of an individual assessment of each case, the Principal Immigration Officer may detain an applicant, if other less coercive alternative measures cannot be applied effectively.

(2) When detaining an applicant, account shall be taken of any visible signs, statements or behaviour indicating that the applicant has special reception needs:

Provided that where the assessment provided for in regulation 23 has not yet been completed, it shall be completed without undue delay and its results shall be taken into account when deciding whether to continue detention or whether the detention conditions need to be adjusted.

(3) An applicant may be detained only on the basis of one or more of the following grounds:

(a) to determine or verify his identity or nationality;

(b) to determine the elements on which the application for international protection is based which could not be obtained in the absence of detention, in particular where there is a risk of absconding;

(c) to ensure compliance with legal obligations imposed on the applicant through an individual decision in accordance with regulation 7(1) in cases where the applicant has not complied with such obligations and there continues to be a risk of absconding;

(d) to decide in the context of a border procedure in accordance with Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU on the applicant’s right to enter the territory;

(e) when the applicant is detained subject to a return procedure under the Common Standards and Procedures for returning Illegally Staying Third-Country Nationals Regulations in order to prepare the return, or carry out the removal process, and it may be demonstrated, on the basis of objective criteria, including that the applicant already had the opportunity to access the procedure for international protection, that there are reasonable grounds to believe that the applicant is making the application for international protection merely to delay or frustrate the enforcement of the return decision;

(f) when protection of national security or public order so requires; or

(g) in accordance with Regulation (EU) 2024/1351 of the European Parliament and of the Council of 14 May 2024 on asylum and migration management, amending Regulations

(EU) 2021/1147 and (EU) 2021/1060 and repealing Regulation

(EU) No 604/2013.