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Pact instrument: Procedures Regulation

Procedures Regulation:
Article 41 – Implicit withdrawal of applications

1. An application shall be declared as implicitly withdrawn where: (a) the applicant, without good cause, has not lodged his or her application in accordance with Article 28, despite having had an effective opportunity to do so; (b) the applicant refuses to cooperate by not providing the information referred to in Article 27(1), points (a) […]

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Procedures Regulation:
Article 57 – The notion of effective protection

1. A third country that has ratified and respects the Geneva Convention within the limits of the derogations or limitations made by that third country, as permitted under that Convention, shall be considered to ensure effective protection. In the case of geographical limitations made by the third country, the existence of protection for persons who […]

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Procedures Regulation:
Article 73 – Calculation of time limits

Unless otherwise provided, any period of time prescribed in this Regulation shall be calculated as follows: (a) a period expressed in days, weeks or months shall be calculated from the time an event occurs or an action takes place; the day on which that event occurs or that action takes place shall not itself be […]

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Procedures Regulation:
Recital 6

This harmonisation and convergence of national asylum systems should be achieved without preventing Member States from introducing or retaining more favourable provisions where provided for by this Regulation.

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Procedures Regulation:
Recital 22

Where it is necessary and duly justified for the examination of an application for international protection, the competent authorities should be able to require that the applicant be searched or that his or her items be searched. Those items may include electronic devices such as laptops, tablet computers or mobile phones. Any such search should […]

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Procedures Regulation:
Recital 38

In order to guarantee the rights of the applicants, decisions on all applications for international protection should be taken on the basis of the facts, objectively, impartially and on an individual basis after a thorough examination which takes into account all the elements provided by the applicant and the individual circumstances of the applicant. To […]

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Procedures Regulation:
Recital 54

An application for international protection should be examined on its merits to determine whether an applicant qualifies for international protection in accordance with . There need not be an examination on the merits where an application is rejected as inadmissible in accordance with this Regulation, where another Member State is responsible in accordance with or […]

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Procedures Regulation:
Recital 70

When an application is rejected in the context of the border procedure, the applicant, third-country national or stateless person concerned should be immediately subject to a return decision or, where the relevant conditions set out in of the European Parliament and of the Council (15) are met, to a refusal of entry. To guarantee the […]

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Procedures Regulation:
Recital 86

With respect to the withdrawal of refugee or subsidiary protection status, Member States should ensure that persons benefiting from international protection are duly informed of a possible reconsideration of their status and that they are given the opportunity to submit their point of view, within a reasonable time, by means of a written statement and […]

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Procedures Regulation:
Recital 102

This Regulation should apply to applicants to whom applies, in addition and without prejudice to the provisions of that Regulation.

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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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