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

Procedures Regulation:
Recital 92

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 […]

Procedures Regulation:
Article 10 – Right to remain during the administrative procedure

1. Applicants shall have the right to remain on the territory of the Member State in which they are required to be present in accordance with Article 17(4) of until the determining authority has taken a decision on the application in the administrative procedure provided for in Chapter III. 2. The right to remain shall […]

Procedures Regulation:
Article 37 – Rejection of an application and issuance of a return decision

Where an application is rejected as inadmissible, unfounded or manifestly unfounded with regard to both refugee status and subsidiary protection status, or as implicitly or explicitly withdrawn, Member States shall issue a return decision that respects and that is in accordance with the principle of non-refoulement. Where a return decision or another decision imposing the […]

Procedures Regulation:
Article 56 – Exception from the right to remain in subsequent applications

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 […]