Applicants should, in principle, have the right to remain on the territory of a Member State until the time limit for lodging an appeal before a court or tribunal of first instance expires, and, where such a right is exercised within the set time limit, pending the outcome of the appeal. It is only in the limited cases set out in this Regulation, where applications are likely to be unfounded, and without prejudice to the principle of non-refoulement, that the applicant should not have an automatic right to remain for the purposes of the appeal.