1. The determining authority may assess the admissibility of an application, in accordance with the basic principles and guarantees provided for in Chapter II, and may be authorised under national law to reject an application as inadmissible where any of the following grounds applies:
(a) a country which is not a Member State is considered to be a first country of asylum for the applicant pursuant to Article 58, unless it is clear that the applicant will not be admitted or readmitted to that country;
(b) a country which is not a Member State is considered to be a safe third country for the applicant pursuant to Article 59, unless it is clear that the applicant will not be admitted or readmitted to that country;
(c) a Member State other than the Member State examining the application has granted the applicant international protection;
(d) an international criminal court or tribunal has provided safe relocation for the applicant to a Member State or third country, or is unequivocally undertaking actions to that extent, unless new relevant circumstances have arisen which have not been taken into account by the court or tribunal or where there was no legal possibility to raise circumstances relevant to internationally recognised human rights standards before that international criminal court or tribunal;
(e) the applicant concerned was issued with a return decision in accordance with Article 6 of and made his or her application only after seven working days from the date on which the applicant received that return decision, provided that he or she had been informed of the consequences of not making an application within that time limit and that no new relevant elements have arisen since the end of that period.
2. The determining authority shall reject an application as inadmissible where the application is a subsequent application where no new relevant elements as referred to in Article 55(3) and (5) relating to the examination of whether the applicant qualifies as a beneficiary of international protection in accordance with or relating to the inadmissibility ground previously applied, have arisen or have been presented by the applicant.
Correlation table
| Directive 2013/32/EU | This Regulation |
| Article 33(2) | Article 38(1) |
| Article 33(2), point (a) | Article 38(1), point (c) |
| Article 33(2), point (b) | Article 38(1), point (a) |
| Article 33(2), point (c) | Article 38(1), point (b) |
| Article 33(2), point (d) | Article 38(2) |
| Article 33(2), point (e) | — |
| — | Article 38(1), point (d) |
| — | Article 38(1), point (e) |