1. An application shall be declared as implicitly withdrawn where:
(a) the applicant, without good cause, has not lodged his or her application in accordance with Article 28, despite having had an effective opportunity to do so;
(b) the applicant refuses to cooperate by not providing the information referred to in Article 27(1), points (a) and (b), or by not providing his or her biometric data;
(c) the applicant refuses to provide his or her address, where he or she has one, unless housing is provided by the competent authorities;
(d) the applicant has, without justified cause, not attended a personal interview although he or she was required to do so pursuant to Article 13 or, without justified cause, refused to respond to questions during the interview to the extent that the outcome of the interview was not sufficient to take a decision on the merits of the application;
(e) the applicant has repeatedly not complied with reporting duties imposed on him or her in accordance with Article 9(4) or does not remain available to the competent administrative or judicial authorities, unless he or she can demonstrate that that failure to remain available was owing to specific circumstances beyond his or her control;
(f) the applicant has lodged the application in a Member State other than the Member State provided for in Article 17(1) and (2) of and does not remain present in that Member State pending the determination of the Member State responsible or the implementation of the transfer procedure, where applicable.
2. Where the authority that assesses whether the application is implicitly withdrawn is a competent authority other than the determining authority and where that authority considers that the application must be considered as such, that authority shall inform the determining authority accordingly. The determining authority shall adopt a decision declaring that the application has been implicitly withdrawn.
3. When the applicant is present, the competent authority shall, at the time of the withdrawal, inform the applicant in accordance with Article 8(2), point (c), of all procedural consequences of such a withdrawal in a language he or she understands or is reasonably supposed to understand.
4. The competent authority may suspend the procedure in order to give the applicant the possibility to justify or rectify omissions or actions as set out in paragraph 1 before a decision declaring the application as implicitly withdrawn is made.
5. An application may be rejected as unfounded or as manifestly unfounded where the determining authority has, at the stage that the application is implicitly withdrawn, already found that the applicant does not qualify for international protection pursuant to .
Correlation table
| Directive 2013/32/EU | This Regulation |
| Article 6(2) | Article 28(1) and Article 41(1), point (a) |
| Article 14(5) | Article 41(1), point (d) |
| Article 28(1), first subparagraph | Article 41(5) |
| Article 28(1), second subparagraph, point (a) | Article 41(1), point (d) |
| Article 28(1), second subparagraph, point (b) | Article 41(1), points (e) and (f) |
| — | Article 41(1), points (a), (b) and (c) |
| Article 28(1), third subparagraph | — |
| — | Article 41(2), (3) and (4) |
| Article 28(2) | — |
| Article 28(3) | — |