Non-Refoulement Archives - Page 2 of 3 - EU Migration Pact information

Resettlement and Humanitarian Admission Regulation:
Article 5 – Eligibility for admission

1. For the purpose of resettlement, the following third-country nationals or stateless persons shall be eligible for admission, provided that they also fall within at least one of the categories referred to in paragraph 3, point (a): (a) third-country nationals who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, […]

Procedures Regulation:
Recital 25

Where, following a thorough assessment by the competent national authorities, it is concluded that the applicant constitutes a danger to national security or public order, especially in relation to serious crimes or terrorism, a Member State should have the possibility to make an exception to the right of the applicant to remain on its territory […]

Return Border Procedure Regulation:
Recital 9

When applying the return border procedure, certain provisions of should apply, as they regulate elements of the return border procedure that are not set out in this Regulation, in particular those on definitions, more favourable provisions, non-refoulement, the best interests of the child, family life and state of health, the risk of absconding, the obligation […]

Procedures Regulation:
Recital 41

In the case of an extradition, surrender or transfer from an international criminal court or tribunal to a third country or another Member State, the relevant competent authority could take into account elements considered upon deciding on the extradition, surrender or transfer which may be relevant for an assessment of the risk of direct or […]

Screening Regulation:
Recital 4

According to , border control consists of border checks carried out at the border crossing points and border surveillance, which is carried out between the border crossing points, in order to prevent third-country nationals from border crossing not authorised under that Regulation or from circumventing border checks. Pursuant to the provisions on border surveillance in […]

Procedures Regulation:
Recital 47

Member States should have the possibility to apply the concept of first country of asylum as a ground for inadmissibility where the applicant enjoyed effective protection and can still avail himself or herself of that protection in a third country, where his or her life and liberty are not threatened on account of race, religion, […]

Screening Regulation:
Article 10 – Monitoring of fundamental rights

1. Member States shall adopt relevant provisions to investigate allegations of failure to respect fundamental rights in relation to the screening. Member States shall ensure, where appropriate, referral for the initiation of civil or criminal justice proceedings in cases of failure to respect or to enforce fundamental rights, in accordance with national law. 2. Each […]

Procedures Regulation:
Recital 48

Member States should have the possibility to apply the concept of safe third country as a ground for inadmissibility where the possibility exists for the applicant to request and, if the conditions are fulfilled, to receive effective protection in a third country, where his or her life and liberty are not threatened on account of […]

Procedures Regulation:
Recital 58

The purpose of the border procedure for asylum and return should be to quickly assess in principle at the external borders whether applications are unfounded or inadmissible and to swiftly return those with no right to stay, in a manner that fully respects the principle of non-refoulement, while ensuring that those with well-founded claims are […]

Procedures Regulation:
Recital 78

An applicant who lodges a subsequent application at the last minute merely in order to delay or frustrate his or her removal should not be authorised to remain pending the finalisation of the decision declaring the application inadmissible in cases where it is immediately clear to the determining authority that no new elements have been […]