1. The effects of a return decision shall be automatically suspended for as long as an applicant or a person subject to withdrawal of international protection has a right to remain or is allowed to remain in accordance with this Article.
2. Applicants and persons subject to withdrawal of international protection shall have the right to remain on the territory of the Member States until the time limit within which they can exercise their right to an effective remedy before a court or tribunal of first instance has expired and, where such a right has been exercised within the time limit, pending the outcome of the remedy.
3. Without prejudice to the principle of non-refoulement, the applicant and the person subject to withdrawal of international protection shall not have the right to remain pursuant to paragraph 2 where the competent authority has taken one of the following decisions:
(a) a decision which rejects an application as unfounded or manifestly unfounded if at the time of the decision:
(i) the applicant is subject to an accelerated examination pursuant to Article 42(1) or (3);
(ii) the applicant is subject to the border procedure, except where the applicant is an unaccompanied minor;
(b) a decision which rejects an application as inadmissible pursuant to Article 38(1), point (a), (b), (c), (d) or (e), or Article 38(2), except where the applicant is an unaccompanied minor subject to the border procedure;
(c) a decision which rejects an application as implicitly withdrawn;
(d) a decision which rejects a subsequent application as unfounded or manifestly unfounded; or
(e) a decision to withdraw international protection in accordance with Article 14(1), point (b), (d) or (e), or Article 19(1), point (b), of .
4. In the cases referred to in paragraph 3, a court or tribunal shall have the power to decide, following an examination of both facts and points of law, whether or not the applicant or the person subject to withdrawal of international protection should be allowed to remain on the territory of the Member States pending the outcome of the remedy, upon the request of the applicant or of the person subject to withdrawal of international protection. The competent court or tribunal shall under national law have the power to decide on this matter ex officio.
5. For the purposes of paragraph 4, the following conditions shall apply where relevant in the light of any ex officio decisions:
(a) the applicant or the person subject to withdrawal of international protection shall have a time limit of at least five days from the date on which the decision is notified to him or her to request to be allowed to remain on the territory pending the outcome of the remedy;
(b) the applicant or the person subject to withdrawal of international protection shall be provided with interpretation in the event of a hearing before the competent court or tribunal, where appropriate communication cannot otherwise be ensured;
(c) the applicant or the person subject to withdrawal of international protection shall be provided, upon request, with free legal assistance and representation in accordance with Article 17;
(d) the applicant or the person subject to withdrawal of international protection shall not be removed from the territory of the Member State responsible:
(i) until the time limit for requesting a court or tribunal to be allowed to remain has expired;
(ii) where the applicant or the person subject to withdrawal of international protection has requested to be allowed to remain within the set time limit, pending the decision of the court or tribunal on whether or not the applicant or the person subject to withdrawal of international protection shall be allowed to remain on the territory;
(e) the applicant or the person subject to withdrawal of international protection shall be duly informed in a timely manner of her or his rights under this paragraph.
6. In cases of subsequent applications, by way of derogation from paragraph 5, point (d), Member States may provide in national law that the applicant shall not have a right to remain, without prejudice to the respect of the principle of non-refoulement, if the appeal is considered to have been lodged merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State.
7. An applicant or a person subject to withdrawal of international protection who lodges a further appeal against a first or subsequent appeal decision shall not have a right to remain on the territory of the Member State, without prejudice to the possibility for a court or tribunal to allow the applicant or the person subject to withdrawal of international protection to remain upon the request of the applicant or of the person subject to withdrawal of international protection or acting ex officio in cases where the principle of non-refoulement is invoked.
Correlation table
| Directive 2013/32/EU | This Regulation |
| — | Article 68 |
| — | Article 68(1) |
| Article 46(5) | Article 68(2) |
| Article 46(6) | Article 68(3) and (4) |
| Article 46(6), point (a) | Article 68(3), point (a)(i) and (ii) |
| Article 46(6), point (b) | Article 68(3), point (b) |
| Article 46(6), point (c) | — |
| Article 46(6), point (d) | — |
| — | Article 68(3), points (c) and (e) |
| Article 46(7) | Article 68(4) and (5) |
| Article 46(8) | Article 68(5), point (d)(i) and (ii) |
| Article 46(9) | — |