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Recitals set out the reasons for the contents of the enacting terms
This Regulation should apply to all applications for international protection made in the territory of the Member States, including those made at the external border, on the territorial sea or in the transit zones of Member States, and to the withdrawal of international protection. Persons seeking international protection who are present on the territorial sea […]
Without prejudice to the competence of Member States on the acquisition of nationality and the fact that, under international law, it is for each Member State, having due regard to Union law, to lay down the conditions for the acquisition and loss of nationality, in applying this Regulation, Member States should respect their international obligations […]
In order to increase the efficiency of procedures and to reduce the risk of absconding and the likelihood of unauthorised movements, there should be no procedural gaps between the issuance of a negative decision on an application for international protection and of a return decision. A return decision should immediately be issued to applicants whose […]
In the interest of swift and fair procedures for all applicants, whilst also ensuring that the stay of applicants who do not qualify for international protection in the Union is not unduly prolonged, including those who are nationals of third countries exempt from the requirement to be in a possession of a visa pursuant to […]
Within their respective mandates, Union agencies, and in particular the Asylum Agency, should be able to provide support to the Member States and the Commission, at their request, with a view to ensuring the proper implementation and functioning of this Regulation, including the provisions of this Regulation related to the accelerated and border procedures. Union […]
In some Member States, legal procedural provisions require there to be a second level of appeal beyond that which is required in accordance with this Regulation. In the light of the principles of proportionality and subsidiarity, and having due regard to the procedural autonomy of the Member States, as well as the objectives of this […]
The application of this Regulation should be evaluated at regular intervals.
With regard to the treatment of persons falling within the scope of this Regulation, Member States are bound by obligations under instruments of international law to which they are party, including, in particular, those that prohibit discrimination.
The determining authority should not conclude that the applicant lacks credibility merely because the applicant did not rely on his or her declared sexual orientation on the first occasion he or she was given to set out the ground for persecution, unless it is evident that the applicant merely intends to delay or frustrate the […]
For the purpose of applying the provisions of this Regulation on exclusion from international protection where there are reasonable grounds to assume that an applicant has committed an act or acts contrary to the purposes and principles set out in Articles 1 and 2 of of the United Nations, it is not a prerequisite to […]
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