Without prejudice to the principle of non-refoulement, Member States may provide for an exception to the right to remain on their territory and derogate from Article 68(5), point (d), where:
(a) a first subsequent application has been lodged, merely in order to delay or frustrate the enforcement of a decision which would result in the applicant’s imminent removal from that Member State and is not further examined pursuant to Article 55(7); or
(b) a second or further subsequent application is made in any Member State following a final decision rejecting a previous subsequent application as inadmissible or unfounded or manifestly unfounded.
Correlation table
| Directive 2013/32/EU | This Regulation |
| Article 41 | Article 56 |
| Article 41(1), first subparagraph, point (a) | Article 56, point (a) |
| Article 41(1), first subparagraph, point (b) | Article 56, point (b) |
| Article 41(1), second subparagraph | Article 56, first sentence |
| Article 41(2) | — |
| Article 42 | — |