Remain in the Member State – EU Migration Pact information

Procedures Regulation:
Recital 77

Where an applicant makes a subsequent application without presenting new elements which significantly increase his or her likelihood of qualifying as a beneficiary of international protection or which relate to the reasons for which the previous application was rejected as inadmissible, that subsequent application should not be subject to a new full examination procedure. In […]

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 […]

Procedures Regulation:
Recital 91

For an applicant to be able to exercise his or her right to an effective remedy against a decision rejecting an application for international protection, all effects of the return decision should be automatically suspended for as long as the applicant has the right to remain or has been allowed to remain on the territory […]

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 3 – Definitions

For the purposes of this Regulation, the following definitions apply: (1) ‘refugee’ means a third-country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is […]

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 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 […]

Procedures Regulation:
Article 68 – Suspensive effect of appeal

1. The effects of a return decision shall be automatically suspended for as long as an applicant or a person subject to withdrawal of international protection has a right to remain or is allowed to remain in accordance with this Article. 2. Applicants and persons subject to withdrawal of international protection shall have the right […]

Return Border Procedure Regulation:
Recital 7

Entry into the territory is not authorised where an applicant has no right to remain, where he or she has not requested to be allowed to remain for the purposes of the appeal procedure provided for in , or where a court or tribunal has decided that he or she should not be allowed to […]

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 […]