An applicant who lodges a subsequent application at the last minute merely in order to delay or frustrate his or her removal should not be authorised to remain pending the finalisation of the decision declaring the application inadmissible in cases where it is immediately clear to the determining authority that no new elements have been presented and there is no risk of refoulement. The determining authority should issue a decision under national law confirming that these criteria are fulfilled in order for the applicant not to be authorised to remain.