There may also be circumstances where, irrespective of the facilities available, the specific situation or special needs of applicants would in any event preclude them from being admitted or from remaining in a border procedure. In this context, a border procedure should not be applied, or should cease to apply, where necessary support cannot be […]
An applicant who lodges a subsequent application at the last minute merely in order to delay or frustrate his or her removal should not be authorised to remain pending the finalisation of the decision declaring the application inadmissible in cases where it is immediately clear to the determining authority that no new elements have been […]
In order to ensure effective returns, applicants should not have a right to remain on the Member State’s territory at the stage of a second or further level of appeal before a court or tribunal against a negative decision on the application for international protection, without prejudice to the possibility for a court or tribunal […]
1. This Regulation applies to all applications for international protection made in the territory of the Member States, including at the external border, on the territorial sea or in the transit zones of the Member States, and to the withdrawal of international protection. 2. This Regulation does not apply to applications for international protection and […]
1. A legal adviser who legally represents an applicant under the terms of national law shall be granted access to the information in the applicant’s file on the basis of which a decision is or shall be taken. 2. Access to the information or to the sources in the applicant’s file may be denied in […]
1. The determining authority shall examine and take decisions on applications for international protection in accordance with the basic principles and guarantees set out in Chapter II. 2. The determining authority shall take decisions on applications for international protection after an appropriate examination as to the admissibility or merits of an application. The determining authority […]
Where the number of applications that have been examined in the border procedure in a Member State within one calendar year is equal to or exceeds the maximum number of applications set out in respect of that Member State in the implementing act referred to in Article 47(1), that Member State may notify the Commission […]
1. Where the determining authority or, where provided for by national law, a competent court or tribunal starts the examination to withdraw international protection from a third-country national or a stateless person, the person concerned shall enjoy the following guarantees: (a) he or she shall be informed in writing that his or her qualification as […]
CHAPTER I — GENERAL PROVISIONS Article 1 – Subject matter Article 2 – Scope Article 3 – Definitions Article 4 – Competent authorities Article 5 – Assistance to competent authorities Article 6 – The role of the United Nations High Commissioner for Refugees Article 7 – Confidentiality principle CHAPTER II — BASIC PRINCIPLES AND GUARANTEES […]
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