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Procedures Regulation:
Article 10 – Right to remain during the administrative procedure

1. Applicants shall have the right to remain on the territory of the Member State in which they are required to be present in accordance with Article 17(4) of Regulation (EU) 2024/1351Asylum And Migration Management Regulation until the determining authority has taken a decision on the application in the administrative procedure provided for in Chapter III.

2. The right to remain shall not constitute an entitlement to a residence permit and it shall not give the applicant the right to travel to the territory of other Member States without a travel document as provided for in Article 6(3) of Directive (EU) 2024/1346Reception Directive.

3. The applicant shall not have the right to remain on the territory of the Member State concerned during the administrative procedure where the person is subject to a surrender to another Member State pursuant to obligations in accordance with a European arrest warrant issued in accordance with Council Framework Decision 2002/584/JHA (21).

4. Member States may provide for an exception to the applicant’s right to remain on their territory during the administrative procedure where that applicant:

(a) makes a subsequent application in accordance with Article 55 and the conditions laid down in Article 56 have been fulfilled;

(b) is or will be extradited, surrendered or transferred to another Member State, a third country, the International Criminal Court or another international court or tribunal for the purpose of conducting a criminal prosecution or for the execution of a custodial sentence or a detention order;

(c) is a danger to public order or national security, without prejudice to Article 12 and 17 of the Regulation (EU) 2024/1347 Qualification Regulation, provided that applying such an exception does not result in the applicant being removed to a third country in violation of the principle of non-refoulement.

5. A Member State may extradite, surrender or transfer an applicant to a third country or an international court or tribunal as referred to in paragraph 4, point (b), only where the competent authority considers that such a decision to extradite, surrender or transfer will not result in direct or indirect refoulement in breach of the obligations of that Member State under international and Union law.


21. Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1). ↩︎


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Correlation table

Directive 2013/32/EUThis Regulation
Article 9(1)Article 10(1) and (2)
Article 9(2)Article 10(3) and Article 10(4), points (a) and (b)
Article 9(3)Article 10(5)
—Article 10(4)(c)
Categories: Articles Key words: Non-Refoulement, Remain in the Member State, Subsequent application

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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