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Procedures Regulation:
Article 3 – Definitions

For the purposes of this Regulation, the following definitions apply:

(1) ‘refugee’ means a third-country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person who, being outside of the country of former habitual residence for the same reasons as mentioned, is unable or, owing to such fear, unwilling to return to it, and to whom Article 12 of Regulation (EU) 2024/1347 Qualification Regulation does not apply;

(2) ‘person eligible for subsidiary protection’ means a third-country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that that person, if returned to his or her country of origin or, in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15 of Regulation (EU) 2024/1347 Qualification Regulation, and to whom Article 17(1) and (2) of that Regulation does not apply, and is unable or, owing to such risk, unwilling to avail himself or herself of the protection of that country;

(3) ‘refugee status’ means the recognition by a Member State of a third-country national or a stateless person as a refugee in accordance with Regulation (EU) 2024/1347 Qualification Regulation;

(4) ‘subsidiary protection status’ means the recognition by a Member State of a third-country national or a stateless person as a person eligible for subsidiary protection in accordance with Regulation (EU) 2024/1347 Qualification Regulation;

(5) ‘international protection’ means refugee status or subsidiary protection status;

(6) ‘minor’ means a third-country national or stateless person below the age of 18 years;

(7) ‘unaccompanied minor’ means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her, whether by law or practice of the Member State concerned, and for as long as that minor is not effectively taken into the care of such an adult, including a minor who is left unaccompanied after he or she has entered the territory of the Member States;

(8) ‘final decision’ means a decision on whether or not a third-country national or stateless person is granted refugee status or subsidiary protection status pursuant to Regulation (EU) 2024/1347 Qualification Regulation, including a decision rejecting the application as inadmissible or a decision rejecting an application as implicitly or explicitly withdrawn, which is no longer subject to a remedy under the framework of Chapter V of this Regulation or has become final in accordance with national law, irrespective of whether the applicant has the right to remain in accordance with this Regulation;

(9) ‘examination of an application for international protection’ means an examination of the admissibility or the merits of an application for international protection in accordance with this Regulation and Regulation (EU) 2024/1347 Qualification Regulation;

(10) ‘biometric data’ means biometric data as defined in Article 2, point (s), of Regulation (EU) 2024/1358Eurodac Regulation;

(11) ‘adequate capacity’ means the capacity required at any given moment to carry out the asylum border procedure, and the return border procedure established pursuant to Regulation (EU) 2024/1349Return Border Procedure Regulation or, where applicable, an equivalent return border procedure established under national law;

(12) ‘application for international protection’ or ‘application’ means a request for protection from a Member State made by a third-country national or a stateless person who can be understood to be seeking refugee status or subsidiary protection status;

(13) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a final decision has not yet been taken;

(14) ‘applicant in need of special procedural guarantees’ means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this Regulation is limited due to individual circumstances, such as specific vulnerabilities;

(15) ‘stateless person’ means a person who is not considered to be a national by any State under the operation of its law;

(16) ‘determining authority’ means any quasi-judicial or administrative body in a Member State responsible for examining applications for international protection and competent to take decisions under the administrative procedure;

(17) ‘withdrawal of international protection’ means a decision by a determining authority or a competent court or tribunal to revoke or end, including by refusing to renew, international protection, in accordance with Regulation (EU) 2024/1347 Qualification Regulation;

(18) ‘remain in the Member State’ means to remain on the territory, including at the border or in transit zones, of the Member State in which the application for international protection has been made or is being examined;

(19) ‘subsequent application’ means a further application for international protection made in any Member State after a final decision has been taken on a previous application, including cases in which the application has been rejected as explicitly or implicitly withdrawn;

(20) ‘Member State responsible’ means the Member State responsible for the examination of an application in accordance with Regulation (EU) 2024/1351Asylum And Migration Management Regulation.


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Correlation table

Directive 2013/32/EUThis Regulation
Article 2Article 3
Article 2, point (a)—
Article 2, points (b), (c) and (d)Article 3, points (12), (13) and (14)
Article 2, point (e)Article 3, point (8)
Article 2, point (f)Article 3, point (16)
Article 2, points (g) and (h)Article 3, points (1) and (2)
Article 2, point (i)Article 3, point (5)
Article 2, points (j) and (k)Article 3, points (3) and (4)
Article 2, points (l) and (m)Article 3, points (6) and (7)
Article 2, point (n)—
Article 2, points (o), (p) and (q)Article 3, points (17), (18) and(19)
—Article 3, points (9), (10) (11), (15) and (20)
Categories: Articles Key words: Adequate capacity, Applicant, Application, Asylum Border Procedure, Biometric data, Determining authority, Examination of an application, Final decision, Member State Responsible, Minor, Remain in the Member State, Return Border Procedure, Special procedural guarantees, Stateless person, Subsequent application, Unaccompanied minor

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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