Subsequent application

Where a person who has applied for refugee status in a Member State makes further representations or a subsequent application in the same Member State.

Member States may apply a specific procedure involving a preliminary examination where a decision has been taken on the previous application or where a previous application has been withdrawn or abandoned.

As with all aspects of the procedures directive, the same provisions will apply to applicants for subsidiary protection where a single procedure applies to both applications for asylum and subsidiary protection.


Derived by EDAL from APD Art. 32

Legislative reference(s): 

Recital 15 and Articles 7(2), 23(4)(h), 32, 34(3)(b) and 39(1)(c) Procedures Directive 2005/85/EC; Article 5 Qualification Directive 2004/83/EC

Danish Refugee Council report criticises Malta’s treatment of asylum seekers

The report published this week criticises Malta’s systematic detention of asylum seekers, the conditions in detention and in the open reception centres, and the treatment of vulnerable persons. Reference is made to several court decisions in Germany, Italy and Belgium as well as practice in Finland, according to which Dublin transfers to Malta of vulnerable asylum seekers – in particular unaccompanied children, single parents and victims of human trafficking – were suspended, due to sub-standard reception and detention conditions.


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