You are here

Home › Procedural rights and safeguards ›

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examination where a decision has been taken on the previous application or where a previous application has been withdrawn or abandoned.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

Court of Justice of the European Union - Opinion of Advocate General Cruz Villalón in the case C-648/11 MA, BT, DA v Secretary of State for the Home Department, 21 February 2013

The main proceedings concern three unaccompanied minors who applied for asylum in the United Kingdom after having previously lodged asylum applications in the Netherlands and Italy. The British authorities decided first to send them back to those countries in application of the Dublin Regulation, but later they ruled that the UK would take responsibility for their applications under the sovereignty clause. However, the minors did not withdraw the appeals they had lodged against the initial decision to sent them back.

UNHCR publishes note on Dublin transfers to Hungary of people who have transited through Serbia

UNHCR recommends that Dublin participating States refrain from transferring asylum seekers under the Dublin Regulation to Hungary, in cases where those asylum seekers have or may have been in Serbia prior to entering Hungary. In a note published this week, UNHCR highlights that Hungary considers Serbia to be a ‘safe third country’, and systematically returns asylum seekers who have transited through Serbia to that country without examination of their claims on the merits.

U.K. Court of Appeal issues judgment regarding independent medical evidence of torture

United Kingdom: [2012] EWCA Civ 521: Court of Appeal (Civil Division): R (on the application of AM) and the Secretary of State for the Home Department

Pages

Subscribe to RSS - Subsequent application

Project supported by

Follow EDAL