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EU Migration Pact information

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Pact instrument: Qualification Regulation

Qualification Regulation:
Recital 51

For the purpose of assessing serious harm, situations in which a third country’s armed forces confront one or more armed groups, or in which two or more armed groups confront each other, should be considered an internal armed conflict. It is not necessary for that conflict to be categorised as an ‘armed conflict not of […]

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Qualification Regulation:
Recital 67

Member States’ authorities retain a certain discretion with regard to public policy and national security, which should be interpreted in accordance with national, Union and international law. Subject to an individual assessment of the specific facts, public policy and national security considerations can cover cases in which a third-country national belongs to an association which […]

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Qualification Regulation:
Article 5 – International protection needs arising sur place

1. A well-founded fear of being persecuted or a real risk of suffering serious harm may be based on: (a) events which have taken place since the applicant left the country of origin; or (b) activities which the applicant has engaged in since the applicant left the country of origin, in particular where it is […]

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Qualification Regulation:
Article 21 – Protection from refoulement

The principle of non-refoulement shall be respected in accordance with Union and international law. Correlation Table Directive 2011/95/EU This Regulation Article 21 Article 21 Article 21(1) Article 21 Article 21(2) — Article 21(3) —

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Qualification Regulation:
Article 37 – Cooperation

Each Member State shall appoint a national contact point for the purposes of this Regulation and communicate its address to the Commission. The Commission shall communicate that information to the other Member States. Member States shall, in liaison with the Commission, take all appropriate measures to establish direct cooperation and an exchange of information between […]

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Qualification Regulation:
Recital 4

In its communication of 6 April 2016‘Towards a Reform of the Common European Asylum System and Enhancing Legal Avenues to Europe’, the Commission set out its options for improving the , namely to establish a sustainable and fair system for determining the Member State responsible for examining an application for international protection, to reinforce the […]

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Qualification Regulation:
Recital 20

Where a Member State decides, for the purposes of family unity, that the best interests of a married minor lie with that minor’s parents, the spouse of that minor should not derive any residence rights from that marriage under this Regulation.

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Qualification Regulation:
Recital 36

When assessing a sur place application, the fact that the risk of persecution or serious harm is based on circumstances that do not constitute an expression or continuation of convictions or orientations held in the country of origin could serve as an indication that the sole or main purpose of the applicant was to create […]

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Qualification Regulation:
Recital 52

As regards the proof required to establish the existence of a serious and individual threat to a civilian’s life or person, determining authorities should not require applicants to adduce evidence that they are specifically targeted by factors related to their personal circumstances. However, the level of indiscriminate violence required to substantiate the application is lower […]

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Qualification Regulation:
Recital 68

When deciding on entitlement to the benefits provided for in this Regulation, a competent authority should take due account of the best interests of the child and of the particular circumstances of the dependency on the beneficiary of international protection of close relatives who are already present in the Member State concerned and who are […]

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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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