Subsequent application – Page 2 – EU Migration Pact information

Procedures Regulation:
Recital 88

In some Member States, legal procedural provisions require there to be a second level of appeal beyond that which is required in accordance with this Regulation. In the light of the principles of proportionality and subsidiarity, and having due regard to the procedural autonomy of the Member States, as well as the objectives of this […]

Procedures Regulation:
Recital 100

Any personal data collected upon registration or lodging of an application for international protection and during the personal interview should be considered to be part of the applicant’s file and it should be kept for a sufficient number of years since third-country nationals or stateless persons who request international protection in one Member State may […]

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 27 – Registering applications for international protection

1. Without prejudice to the obligations to collect and transmit data in accordance with Article 15(1) , the authorities competent for registering applications, the authorities of another Member State referred to in Article 5(1), point (b) of this Regulation or the experts deployed by the Asylum Agency which assist them with that task shall register […]

Procedures Regulation:
Article 34 – Examination of applications

1. The determining authority shall examine and take decisions on applications for international protection in accordance with the basic principles and guarantees set out in Chapter II. 2. The determining authority shall take decisions on applications for international protection after an appropriate examination as to the admissibility or merits of an application. The determining authority […]

Procedures Regulation:
Article 38 – Decision on the admissibility of the application

1. The determining authority may assess the admissibility of an application, in accordance with the basic principles and guarantees provided for in Chapter II, and may be authorised under national law to reject an application as inadmissible where any of the following grounds applies: (a) a country which is not a Member State is considered […]

Procedures Regulation:
Article 42 – Accelerated examination procedure

1. Without prejudice to Article 21(2), the determining authority shall, in accordance with the basic principles and guarantees provided for in Chapter II, accelerate the examination on the merits of an application for international protection where: (a) the applicant, in lodging his or her application and presenting the facts, has only raised issues that are […]

Procedures Regulation:
Article 55 – Subsequent applications

1. An application made where a final decision on a previous application by the same applicant has not yet been taken shall be considered to be a further representation and not a new application. That further representation shall be examined in the Member State responsible in the framework of the ongoing examination in the administrative […]

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 […]