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Pact instrument: Qualification Regulation

Qualification Regulation:
Recital 18

The provisions on family unity in this Regulation do not interfere with the values and principles recognised by the Member States. In the event of a polygamous marriage, it is for each Member State to decide whether they wish to apply the provisions on family unity to polygamous households, including to the minor children of […]

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Qualification Regulation:
Recital 34

When considering whether applicants can be reasonably expected to settle in another part of their country of origin, the determining authority should also take into account whether applicants would be able to cater for their own basic needs in relation to access to food, hygiene and shelter in the context of local circumstances in their […]

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Qualification Regulation:
Recital 50

For the purpose of assessing serious harm which could qualify applicants as persons eligible for subsidiary protection, the notion of indiscriminate violence should include violence that might extend to people irrespective of their personal circumstances.

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Qualification Regulation:
Recital 66

In order to ensure that beneficiaries of international protection respect the authorised period of stay or residence in accordance with the relevant national, Union or international law, Council (18) should be amended to provide that the five-year period after which beneficiaries of international protection are eligible for Union long-term resident status should, in principle, be […]

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Qualification Regulation:
Article 4 – Submission of information and assessment of facts and circumstances

1. Applicants shall submit all the elements available to them which substantiate the application for international protection. For that purpose, applicants shall fully cooperate with the determining authority and with other competent authorities and shall remain present and available on the territory of the Member State responsible for examining their application throughout the procedure, including […]

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Qualification Regulation:
Article 20 – General rules

1. Without prejudice to the rights and obligations laid down in the Geneva Convention, beneficiaries of international protection shall have the rights and obligations laid down in this Chapter. 2. Beneficiaries of international protection shall have access to rights provided in accordance with this Chapter once international protection is granted and for as long as […]

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Qualification Regulation:
Article 36 – Repatriation

Assistance may be provided to beneficiaries of international protection who wish to be repatriated. Correlation Table Directive 2011/95/EU This Regulation Article 35 Article 36

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Qualification Regulation:
Recital 3

The is based on common standards for asylum procedures, recognition and protection offered at Union level, reception conditions and a system for determining the Member State responsible for examining an application for international protection. Notwithstanding progress achieved so far in the progressive development of the , there are still significant disparities between the Member States […]

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Qualification Regulation:
Recital 19

The application of the provisions on family unity should always be based on genuine family relationships and should not include forced marriages and marriages or partnerships contracted for the sole purpose of enabling the person concerned to enter or reside in the Member States. In order not to discriminate against family members based on where […]

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Qualification Regulation:
Recital 35

Where the State or agents of the State are the actors of persecution or serious harm, there should be a presumption that effective protection is not available to the applicant and the determining authority need not examine whether an internal protection alternative exists. The determining authority should be able to examine whether an internal protection […]

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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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