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Resettlement and Humanitarian Admission Regulation:
Article 6 – Grounds for refusing admission

1. The following third-country nationals or stateless persons shall be refused admission under this Regulation:

(a) persons who are recognised by the competent authorities of the country in which they have taken up residence as having the rights and obligations which are attached to the possession of the nationality of that country, or equivalent rights and obligations;

(b) persons in relation to whom there are reasonable grounds for considering that they have:

(i) committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;

(ii) committed a serious crime;

(iii) been guilty of acts contrary to the purposes and principles of the UN as set out in the Preamble and Articles 1 and 2 of the CharterThe Charter of Fundamental Rights of the European Union of the United Nations;

(c) persons for whom there are reasonable grounds for considering that they are a danger to the community, public policy, security or public health of the Member State examining the admission file;

(d) persons for whom an alert has been issued in the Schengen Information System or in a national database of a Member State for the purpose of refusing entry;

(e) persons who have been granted international protection by Member States or humanitarian status under national law as referred to in Article 2, point (3)(c);

(f) persons whom a Member State has, during the three years before admission, refused admission pursuant to point (c) or (d) of this subparagraph.

Point (b) of the first subparagraph shall also apply to persons who incite, or who otherwise participate in, the commission of the crimes or acts mentioned therein.

2. The following third-country nationals or stateless persons may be refused admission:

(a) persons who, during the three years before admission, have not given or have withdrawn consent to be admitted to a particular Member State, as referred to in Article 7, provided that they have been informed of the consequences of such withdrawal in accordance with Article 9(4), point (b);

(b) persons who have committed one or more crimes outside the scope of paragraph 1, first subparagraph, point (b), which would be punishable with a maximum sentence of at least one year of imprisonment had they been committed in the Member State examining the admission file, unless the prosecution or the punishment would have been statute-barred or, in the case of a conviction for such a crime, an entry relating to that conviction would have been removed from the national criminal record, according to the law of the Member State examining the admission file;

(c) persons who refuse to participate in a pre-departure orientation programme referred to in Article 9(22);

(d) persons in relation to whom a Member State cannot provide the adequate support needed on the basis of those persons’ vulnerability.

3. The grounds provided for in this Article shall apply provided that they are implemented without discrimination on the basis of, inter alia, sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation.


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Categories: Articles Key words: Threat to public health

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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