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 accordance with national law where the disclosure of information or sources would jeopardise national security, the security of the organisations or persons providing the information or the security of the persons to whom the information relates or where the investigative interests relating to the examination of applications for international protection by the competent authorities of the Member States or the international relations of the Member States would be compromised or where the information or sources are classified under national law. In those cases, the determining authority shall:
(a) make access to such information or sources available to the courts or tribunals in the appeal procedure; and
(b) ensure that the applicant’s right of defence is respected.
As regards point (b) of the first subparagraph, Member States shall grant access to information or sources to a legal adviser who legally represents the applicant and who has undergone a security check, in so far as the information is relevant for examining the application or for taking a decision to withdraw international protection.
3. The applicant’s legal adviser or the person entrusted with providing legal counselling, who counsels, assists or represents an applicant shall have access to closed areas, such as detention facilities and transit zones, for the purpose of counselling, assisting or representing that applicant, in accordance with .
Correlation table
| Directive 2013/32/EU | This Regulation |
| Article 23(1) | Article 18(1) and (2) |
| Article 23(2) | Article 18(3) |