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Recitals set out the reasons for the contents of the enacting terms
In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article 1 of the Geneva Convention or as persons eligible for subsidiary protection, every applicant should have an effective access to the procedure, the opportunity to cooperate fully and properly communicate with the competent authorities […]
The lodging of the application is the act that formalises the application for international protection. The applicant should be given the necessary information as to how and where to lodge his or her application and he or she should be given an effective opportunity to do so. At this stage he or she is required […]
Member States should have the possibility to reject an application as inadmissible for instance when a country which is not a Member State is considered to be a first country of asylum or a safe third country for the applicant or when an international court or tribunal has provided safe relocation to the applicant to […]
Pursuant toChapter IV of , Member States providing reception facilities for carrying out the asylum border procedure are under an obligation to take into account the special situation and needs of vulnerable persons, including minors, persons with a disability and elderly people. Consequently, such persons should only be admitted to a border procedure in the […]
Where an applicant makes a subsequent application without presenting new elements which significantly increase his or her likelihood of qualifying as a beneficiary of international protection or which relate to the reasons for which the previous application was rejected as inadmissible, that subsequent application should not be subject to a new full examination procedure. In […]
In cases where the applicant has no automatic right to remain for the purposes of the appeal, a court or tribunal should still be able to allow the applicant to remain on the territory of the Member State pending the outcome of the appeal, upon the applicant’s request or acting of its own motion. In […]
A number of substantive changes have been made to Directive 2011/95/EU of the European Parliament and of the Council (4). To ensure harmonisation and more convergence in asylum decisions and as regards the content of international protection in order to reduce incentives to move within the Union, to encourage beneficiaries of international protection to remain […]
An adult child should be considered dependent, on the basis of an individual assessment, only in circumstances where that child is unable to support him or herself due to a physical or mental condition linked to a serious non-temporary illness or severe disability.
Where the State or agents of the State are not the actors of persecution or serious harm, the determining authority should examine, as part of the assessment of the application for international protection, whether an internal protection alternative exists once it has been established that the qualification criteria set out in this Regulation would otherwise […]
It is necessary to introduce common criteria on the basis of which applicants for international protection are to be recognised as beneficiaries of subsidiary protection. Those criteria should be drawn from international obligations under human rights instruments and practices existing in Member States.
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