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Procedures Regulation:
Article 36 – Decisions on applications

1. A decision on an application for international protection shall be given in writing and it shall be notified to the applicant as soon as possible in accordance with the national law of the Member State concerned. Where a representative or legal adviser legally represents the applicant, the competent authority may notify the decision to him or her instead of the applicant.

2. Where an application is rejected as inadmissible, as unfounded or as manifestly unfounded with regard to refugee status or subsidiary protection status, as explicitly withdrawn or as implicitly withdrawn, the reasons in fact and in law for the rejection shall be stated in the decision.

3. The applicant shall be informed, in writing, of the result of the decision and of how to challenge a decision rejecting an application as inadmissible, as unfounded or as manifestly unfounded with regard to refugee status or subsidiary protection status, or as implicitly withdrawn. That information may be provided as part of the decision on an application for international protection. Where the applicant is not assisted by a legal adviser, that information shall be provided in a language that the applicant understands or is reasonably supposed to understand.

4. Where the applicant is assisted by a legal adviser who legally represents the applicant, the information referred to in paragraph 3 may be provided solely to that legal adviser without being translated into a language which the applicant understands or is reasonably supposed to understand. In such a case, the fact of whether or not international protection is granted shall be communicated, in writing, for information to the applicant in a language which he or she understands or is reasonably supposed to understand, together with general information on how to challenge the decision.

5. In the case of applications on behalf of minors or dependent adults and where the applications are all based on the exact same grounds as the application of the adult responsible for that minor or dependent adult, the determining authority may, following an individual assessment for each applicant, take a single decision covering all applicants, unless to do so would lead to the disclosure of particular circumstances of an applicant which could jeopardise his or her interests, in particular in cases involving gender-based violence, trafficking in human beings, and persecution based on gender, sexual orientation, gender identity or age. In such cases, a separate decision shall be issued and notified to the person concerned in accordance with paragraph 1.


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Correlation table

Directive 2013/32/EUThis Regulation
Article 11(1)Article 36(1)
Article 11(2), first subparagraphArticle 36(2) and (3)
Article 11(2), second subparagraph—
Article 11(3)Article 36(3)
—Article 36(4)
Categories: Articles Key words: Final decision

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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