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examination where a decision has been taken on the previous application or where a previous application has been withdrawn or abandoned.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.

Source: 

Derived by EDAL from APD Art. 32

English
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

ECtHR - A.M.E. v the Netherlands (no. 51428/10) [Articles 1, 2, 3, 5, 6 and 13] 5 February 2015

The case relates to a Somali national who fled Somalia on account of his refusal to join Al-Shabaab. He later arrived in Italy, subsequently applying for asylum and receiving subsidiary protection in the country.  Travelling to the Netherlands the applicant filed a second application. This was later rejected due to Italy’s responsibility for processing the asylum application, pursuant to the Dublin Regulation and insufficient argumentation presented that a risk of ill-treatment would occur if the applicant were returned to Italy [12].  

Belgian - Council of State quashes CALLs decision for vulnerable asylum applicant

Procedurally the case relates to several (6) asylum applications lodged in Belgium which were refused to be taken into consideration by the authorities and later subject to annulment appeals by the applicant. The last two of these annulment appeals were rejected by the Council of Aliens Law Litigation (CALL) on the basis that the applicant had not provided new elements to the claim.

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