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Tag: Asylum Border Procedure

A procedure carried out at or near external borders to assess the admissibility or merits of applications for international protection in specific circumstances.

Crisis and Force Majeure Regulation:
Recital 49

In a situation of instrumentalisation and to prevent a third country or a hostile non-state actor from targeting specific nationalities or specific categories of third-country nationals or stateless persons, it should be possible for a Member State to derogate from the asylum procedure set out in this Regulation by taking a decision in the framework […]

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Procedures Regulation:
Article 43 – Conditions for applying the asylum border procedure

1. Following the screening carried out in accordance with , where applicable and provided that the applicant has not yet been authorised to enter Member States’ territory, a Member State may, in accordance with the basic principles and guarantees of Chapter II, examine an application in a border procedure where that application has been made […]

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Return Border Procedure Regulation:
Recital 2

The objective of this Regulation is to streamline, simplify and harmonise the procedural arrangements of the Member States by establishing a return border procedure. That procedure should apply to third-country nationals and stateless persons whose application has been rejected in the context of the asylum border procedure provided for in of the European Parliament and […]

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Crisis and Force Majeure Regulation:
Article 11 – Measures applicable to the asylum border procedure in a situation of crisis or force majeure

1. In a situation of crisis or force majeure, Member States may, as regards applications made within the period during which this Article is applied, derogate from Article 51(2) of , by extending the maximum duration of the border procedure for the examination of applications set out in that Article by an additional period of […]

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Procedures Regulation:
Article 44 – Decisions in the framework of the asylum border procedure

1. Where a border procedure is applied, decisions may be taken on the following: (a) the inadmissibility of an application in accordance with Article 38; (b) the merits of an application where any of the circumstances referred to in Article 42(1), points (a) to (g) and (j), and Article 42(3), point (b), apply. 2. Where […]

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Return Border Procedure Regulation:
Recital 6

Many applications for international protection are made at the external border or in a transit zone of a Member State, including by persons apprehended in connection with an unauthorised crossing of the external border, that is to say at the very time of the irregular crossing of the external border or near that external border […]

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Procedures Regulation:
Recital 11

It should be possible to mobilise the resources of the Asylum, Migration and Integration Fund, as established by the of the European Parliament and of the Council (7), and other relevant Union funds (the ‘Funds’) to provide support for Member States’ efforts in applying this Regulation, in line with the rules governing the use of […]

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Procedures Regulation:
Article 45 – Mandatory application of the asylum border procedure

1. A Member State shall examine an application in a border procedure in the cases referred to in Article 43(1) where any of the circumstances referred to in Article 42(1), point (c), (f) or (j), apply. 2. Where the circumstances referred to in Article 42(1), point (f), apply and without prejudice to Article 54, Member […]

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Return Border Procedure Regulation:
Recital 11

Where an applicant, third-country national or stateless person who was detained during the asylum border procedure provided for in no longer has a right to remain and has not been allowed to remain, Member States should be able to continue the detention for the purpose of preventing entry into the territory and carrying out a […]

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Procedures Regulation:
Recital 20

Applicants who are identified as being in need of special procedural guarantees should be provided with adequate support in order to create the conditions necessary for the genuine and effective access to procedures. Where it is not possible to provide adequate support in the framework of an accelerated examination procedure or of a border procedure, […]

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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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