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Procedures Regulation:
Article 53 – Exceptions to the asylum border procedure

1. The border procedure shall be applied to unaccompanied minors only in the circumstances referred to in Article 42(3), point (b). Where there is doubt as to the applicant’s age, the competent authorities shall promptly carry out an age assessment in accordance with Article 25.

2. Member States shall not apply or shall cease to apply the border procedure at any stage of the procedure where:

(a) the determining authority considers that the grounds for rejecting an application as inadmissible or for applying the accelerated examination procedure are not applicable or no longer applicable;

(b) the necessary support cannot be provided to applicants with special reception needs, including minors, in accordance withChapter IV of Directive (EU) 2024/1346Reception Directive, at the locations referred to in Article 54;

(c) the necessary support cannot be provided to applicants in need of special procedural guarantees at the locations referred to in Article 54;

(d) there are relevant medical reasons for not applying the border procedure, including mental health reasons;

(e) the guarantees and conditions for detention laid down inArticles 10 to 13 of Directive (EU) 2024/1346Reception Directive are not met or no longer met and the border procedure cannot be applied to the applicant without the use of detention.

In the cases set out in the first subparagraph of this paragraph, the competent authority shall authorise the applicant to enter the territory of the Member State and apply the appropriate procedure provided for in Chapter III.


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Correlation table

Directive 2013/32/EUThis Regulation
Article 43Articles 43 to 54
Article 25(6), second subparagraph, point (b)Article 53(1)
Article 25(6), second subparagraph, point (b)(i)—
Article 25(6), second subparagraph, point (b)(ii)—
Article 25(6), second subparagraph, point (b)(iii)Article 53(1)
Article 25(6), second subparagraph, point (b)(iv)—
Article 25(6), second subparagraph, point (b)(v)—
Article 25(6), second subparagraph, point (b)(vi)—
Article 25(6), second subparagraph, point (b), second sentence—
Categories: Articles Key words: Asylum Border Procedure, Detention, Minor, Special procedural guarantees, Special reception needs

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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