Common European Asylum System in a Changing World

protection status or rejects the application. In certain cases, this procedure MAY be accelerated – e.g. the applicant is from a safe country of origin or the applicant has made statements. If the procedure is accelerated, the Directive allows Member States to mark these cases as manifestly unfounded applications – some Member States use this category in order to e.g. lay down shorter time limits for appeal etc. 2) Inadmissible applications – the Directive allows (MAY provision) a Member State not to do in merit examination ONLY in these cases: a) Dublin case; b) another Member State has granted international protection; c) first country of asylum for the applicant exists; d) safe third country for the applicant exists; e) the application is a subsequent application, where no new elements have arisen or have been presented by the applicant; f) a dependant of the applicant lodges an application, after they consented to have their case be part of an application lodged on their behalf (…) 3) Border procedure – in case the application is lodged at the border or in the transit zone of a Member State, the Directive allows (MAY provision) for conducting border procedure. However certain requirements apply: – Only a decision either on inadmissibility or in accelerated procedure may be issued – i.e. the aim of the border procedure is to filter out simple cases clearly without right to protection. – This decision has to be taken within 4 weeks, otherwise (other type of decision or more time for a decision needed) the applicant has to be allowed entry.

? Check the Reception Conditions Directive (2013/33/EU) and find out where the reason for detention at the border is laid down.

– In case deprivation of liberty (detention) is needed – Reception Conditions Directive rules on detention apply .

4) Withdrawal of the application – the Directive counts either with discontinuation of the procedure or its rejection (in case there is enough information in order to do examination).

Moreover, the Directive also regulates •

the process for subsequent applications;

• the process in case a Member State would like to withdraw the international protection granted . Withdrawal of international protection means a decision by a competent authority to revoke, end or refuse to renew the refugee or subsidiary protection status.

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