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Procedures Regulation:
Recital 68

The duration of the border procedure for the examination of applications for international protection should be as short as possible while at the same time guaranteeing a complete and fair examination of the claims. It should in any event not exceed 12 weeks, including the determination of the Member State responsible. Member States should be able to extend this deadline to 16 weeks where the person is transferred pursuant to Regulation (EU) 2024/1351Asylum And Migration Management Regulation. This deadline should be understood as a stand-alone deadline for the asylum border procedure, from the registration of the application until the applicant does not have the right to remain and is not allowed to remain. Within this period, Member States are entitled to set the deadline in national law both for the administrative and for the various subsequent procedural steps, but should set them in a way so as to ensure that the examination procedure is concluded and that subsequently, if relevant, the decision on the request to remain and, if applicable, the decision on appeal are issued within 12 weeks or, if applicable, 16 weeks. After that period, if the Member State nevertheless failed to take the relevant decisions, the applicant should be authorised to enter the territory of the Member State, subject to limited exceptions, in order for the appropriate procedure to continue. Entry into the territory is not authorised where the applicant has no right to remain, where he or she has not requested to be allowed to remain for the purposes of an appeal procedure, or where a court or tribunal has decided that he or she should not be allowed to remain pending the outcome of an appeal procedure. In such cases, to ensure continuity between the asylum procedure and the return procedure, the return procedure is also carried out in the context of a border return procedure provided for in Regulation (EU) 2024/1349Return Border Procedure Regulation for a period not exceeding 12 weeks.


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Categories: Recitals Key words: Asylum Border Procedure, Member State Responsible, Return Border Procedure

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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