the right to lodge an individual application;

the time limits and stages of the procedure to be followed;

their rights and obligations during the procedure, including those under Regulation (EU) 2024/1351, and the consequences of not complying with those obligations, in particular as regards the explicit or implicit withdrawal of an application;

the right to free legal counselling for the lodging of the individual application and to legal assistance and representation at all stages of the procedure pursuant to Section III of this Chapter and in accordance with Articles 15, 16, 17, 18 and 19;

the means by which they can fulfil the obligation to submit the elements as referred to in Article 4 of Regulation (EU) 2024/1347;

the decision of the determining authority in accordance with Article 36.

providing the data referred to in Article 27(1), points (a),(b) and (d);

providing an explanation where he or she is not in possession of an identity or travel document;

providing information on any changes as regards his or her place of residence, address, telephone number or email address;

providing biometric data;

lodging his or her application in accordance with Article 28 and remaining available throughout the procedure;

handing over as soon as possible documents in his or her possession relevant to the examination of the application;

attending the personal interview, without prejudice to Article 13;

remaining on the territory of the Member State where he or she is required to be present, in accordance with Article 17(4) of Regulation (EU) 2024/1351.

makes a subsequent application in accordance with Article 55 and the conditions laid down in Article 56 have been fulfilled;

is or will be extradited, surrendered or transferred to another Member State, a third country, the International Criminal Court or another international court or tribunal for the purpose of conducting a criminal prosecution or for the execution of a custodial sentence or a detention order;

is a danger to public order or national security, without prejudice to Article 12 and 17 of the Regulation (EU) 2024/1347, provided that applying such an exception does not result in the applicant being removed to a third country in violation of the principle of non-refoulement.

be competent to take account of the personal and general circumstances surrounding the application, including the situation prevailing in the applicant’s country of origin, and the applicant’s cultural origin, age, gender, gender identity, sexual orientation, vulnerability and special procedural needs;

not wear a military or law enforcement uniform.

acquired general knowledge of factors which could adversely affect the applicant’s ability to be interviewed, such as indications that the person may have been tortured in the past or a victim of trafficking in human beings;

received, in advance, training that includes relevant elements from those listed in Article 8(4) of Regulation (EU) 2021/2303.

the determining authority is able to take a positive decision with regard to the refugee status or the subsidiary protection status on the basis of the evidence available, provided that the subsidiary protection status offers the same rights and benefits as refugee status under Union and national law;

the determining authority considers that the application is not inadmissible on the basis of the evidence available;

the determining authority is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond his or her control;

in the case of a subsequent application, the preliminary examination referred to in Article 55(4) is carried out on the basis of a written statement;

the determining authority considers the application inadmissible pursuant to Article 38(1), point (c).

under national law, the recording or a transcript thereof may be admitted as evidence in the appeal procedure, or

it is clear to the determining authority that the applicant will be granted refugee status or subsidiary protection status provided that the subsidiary protection status offers the same rights and benefits as refugee status under Union and national law.

guidance on and an explanation of the administrative procedure including information on rights and obligations during that procedure;

assistance on the lodging of the application and guidance on:

the application is a first subsequent application considered to have been lodged merely in order to delay or frustrate the enforcement of a return decision which would result in the applicant’s imminent removal from the Member State;

the application is a second or further subsequent application;

the applicant is already assisted and represented by a legal adviser.

the applicant, who shall disclose his or her financial situation, is considered to have sufficient resources to afford legal assistance and representation at his or her own cost;

it is considered that the appeal has no tangible prospect of success or is abusive;

the appeal or review is at a second level of appeal or higher as provided for under national law, including re-hearings or reviews of appeal;

the applicant is already assisted or represented by a legal adviser.

make access to such information or sources available to the courts or tribunals in the appeal procedure; and

ensure that the applicant’s right of defence is respected.

designate as soon as possible and in any case in a timely manner for the purposes of paragraph 6 and, where applicable, paragraph 7, a person with the necessary skills and expertise to provisionally assist the minor in order to safeguard his or her best interests and general well-being which enables the minor to benefit from the rights under this Regulation and, where applicable, act as a representative until a representative has been appointed;

appoint a representative as soon as possible and no later than 15 working days from the date on which the application is made.

the unaccompanied minor, in a child-friendly manner and in a language he or she can understand, of the designation of the person referred to in paragraph 2, first subparagraph, point (a), and of his or her representative and about how to lodge a complaint against the person referred to in paragraph 2, first subparagraph, point (a) or (b), in confidence and safety;

the determining authority and the competent authority for registering the application, where applicable, that a representative has been appointed for the unaccompanied minor; and

the person referred to in paragraph 2, first subparagraph, point (a), and the representative of the relevant facts, procedural steps and time limits pertaining to the application of the unaccompanied minor.

provide the unaccompanied minor with relevant information in relation to the procedures provided for in this Regulation;

where applicable, assist the unaccompanied minor in relation to the age-assessment procedure referred to in Article 25;

where applicable, provide the unaccompanied minor with the relevant information and assist him or her in relation to the procedures provided for in Regulations (EU) 2024/1351 and (EU) 2024/1358.

where applicable, provide the unaccompanied minor with relevant information in relation to the procedures provided for in this Regulation;

where applicable, assist with the age-assessment procedure referred to in Article 25;

where applicable, assist with the registration of the application;

where applicable, assist with the lodging of the application or lodge the application on behalf of the unaccompanied minor in accordance with Article 33;

where applicable, assist with the preparation of and be present for the personal interview and inform the unaccompanied minor about the purpose and possible consequences of the personal interview and about how to prepare for that interview;

where applicable, provide the unaccompanied minor with the relevant information and assist the unaccompanied minor in relation to the procedures provided for in Regulations (EU) 2024/1351 and (EU) 2024/1358.

the applicant’s name, date and place of birth, gender, nationalities or the fact that the applicant is stateless, family members as defined in Article 2, point (8), of Regulation (EU) 2024/1351 and, in the case of minors, siblings or relatives as defined in Article 2, point (9), of that Regulation present in a Member State, where applicable, and other personal details of the applicant relevant for the procedure for international protection and for the determination of the Member State responsible;

where available, the type, number and period of validity of any identity or travel document of the applicant and the country that issued that document and other documents provided by the applicant which the competent authority deems relevant for the purposes of identifying him or her, for the procedure for international protection and for the determination of the Member State responsible;

the date of the application, the place where the application was made and the authority to which the application was made;

the applicant’s location or the applicant’s place of residence or address and, where available, a telephone number and an email address where the applicant can be reached.

the applicant’s name, date and place of birth, gender and nationalities or, if applicable, an indication of statelessness, a facial image of the applicant and the applicant’s signature;

the issuing authority, date and place of issue and period of validity of the document;

the status of the individual as an applicant;

a statement that the applicant has the right to remain on the territory of that Member State for the purpose of having the application examined and an indication of whether the applicant is free to move within all or part of the territory of that Member State;

a statement that the document is not a travel document and that the applicant is not allowed to travel without authorisation to other Member States.

the relevant statements and documentation presented by the applicant in accordance with Article 4(1) and (2) of Regulation (EU) 2024/1347;

relevant, precise and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, obtained from relevant and available national, Union and international sources, including children’s rights organisations and, where available, the common analysis on the situation in specific countries of origin and the guidance notes referred to in Article 11 of Regulation (EU) 2021/2303;

where applying the concepts of first country of asylum or safe third country, relevant, precise and up-to-date information relating to the situation prevailing in the third country being considered as a first country of asylum or a safe third country at the time of taking a decision on the application, including information and analysis on safe third countries referred to in Article 12 of Regulation (EU) 2021/2303;

the individual position and personal circumstances of the applicant, including factors such as the applicant’s background, age, gender, gender identity and sexual orientation, so as to assess whether, on the basis of the applicant’s personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm;

whether the activities that the applicant was engaged in since leaving the country of origin were carried out by the applicant for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whether those activities would expose the applicant to persecution or serious harm, as referred to in Article 5 of Regulation (EU) 2024/1347, if returned to that country;

whether the applicant could reasonably be expected to avail himself or herself of the protection of another country where he or she could assert citizenship;

provided that the State or agents of the State are not the actors of persecution or serious harm, whether the internal protection alternative referred to in Article 8 of Regulation (EU) 2024/1347 applies.

it considers that the application is likely to be well-founded;

the applicant has special reception needs within the meaning of Article 24 of Directive (EU) 2024/1346 or is in need of special procedural guarantees as referred to in Articles 20 to 23 of this Regulation, in particular where he or she is an unaccompanied minor;

there are reasonable grounds to consider the applicant as a danger to the national security or public order of the Member State;

the application is a subsequent application;

the applicant has been subject to a decision in accordance with Article 23(2), point (e), of Directive (EU) 2024/1346, has been involved in causing public nuisance or has engaged in criminal behaviour.

a disproportionate number of third-country nationals or stateless persons make an application for international protection within the same period of time, making it unfeasible to conclude the admissibility procedure within the set time limits;

complex issues of fact or law are involved;

the delay can be attributed clearly and solely to the failure of the applicant to comply with his or her obligations under Article 9.

a disproportionate number of third-country nationals or stateless persons make an application for international protection within the same period of time, making it unfeasible to conclude the procedure within the six-month time limit;

complex issues of fact or law are involved;

the delay can be attributed clearly and solely to the failure of the applicant to comply with his or her obligations under Article 9.

conduct reviews of the situation in that country of origin at least every four months;

where available, take into account reviews of the situation in that country of origin carried out by the Asylum Agency;

inform the applicants concerned, in a language which they understand or are reasonably supposed to understand and as soon as possible, of the reasons for the postponement.

a country which is not a Member State is considered to be a first country of asylum for the applicant pursuant to Article 58, unless it is clear that the applicant will not be admitted or readmitted to that country;

a country which is not a Member State is considered to be a safe third country for the applicant pursuant to Article 59, unless it is clear that the applicant will not be admitted or readmitted to that country;

a Member State other than the Member State examining the application has granted the applicant international protection;

an international criminal court or tribunal has provided safe relocation for the applicant to a Member State or third country, or is unequivocally undertaking actions to that extent, unless new relevant circumstances have arisen which have not been taken into account by the court or tribunal or where there was no legal possibility to raise circumstances relevant to internationally recognised human rights standards before that international criminal court or tribunal;

the applicant concerned was issued with a return decision in accordance with Article 6 of Directive 2008/115/EC and made his or her application only after seven working days from the date on which the applicant received that return decision, provided that he or she had been informed of the consequences of not making an application within that time limit and that no new relevant elements have arisen since the end of that period.

another Member State is responsible in accordance with Regulation (EU) 2024/1351;

an application is rejected as inadmissible in accordance with Article 38 or;

an application is explicitly or implicitly withdrawn, without prejudice to Article 40(4) and Article 41(5).

the applicant, without good cause, has not lodged his or her application in accordance with Article 28, despite having had an effective opportunity to do so;

the applicant refuses to cooperate by not providing the information referred to in Article 27(1), points (a) and (b), or by not providing his or her biometric data;

the applicant refuses to provide his or her address, where he or she has one, unless housing is provided by the competent authorities;

the applicant has, without justified cause, not attended a personal interview although he or she was required to do so pursuant to Article 13 or, without justified cause, refused to respond to questions during the interview to the extent that the outcome of the interview was not sufficient to take a decision on the merits of the application;

the applicant has repeatedly not complied with reporting duties imposed on him or her in accordance with Article 9(4) or does not remain available to the competent administrative or judicial authorities, unless he or she can demonstrate that that failure to remain available was owing to specific circumstances beyond his or her control;

the applicant has lodged the application in a Member State other than the Member State provided for in Article 17(1) and (2) of Regulation (EU) 2024/1351 and does not remain present in that Member State pending the determination of the Member State responsible or the implementation of the transfer procedure, where applicable.

the applicant, in lodging his or her application and presenting the facts, has only raised issues that are not relevant to the examination of whether he or she qualifies as a beneficiary of international protection in accordance with Regulation (EU) 2024/1347;

the applicant has made clearly inconsistent or contradictory or clearly false or obviously improbable representations or representations which contradict relevant and available country of origin information, thus making his or her claim clearly unconvincing as to whether he or she qualifies as a beneficiary of international protection in accordance with Regulation (EU) 2024/1347;

the applicant, after having been provided with the full opportunity to show good cause, is considered to have intentionally misled the authorities by presenting false information or documents or by withholding relevant information or documents, particularly with respect to his or her identity or nationality, that could have had a negative impact on the decision or there are clear grounds to consider that the applicant has, in bad faith, destroyed or disposed of an identity or travel document in order to prevent the establishment of his or her identity or nationality;

the applicant makes an application merely to delay, frustrate or prevent the enforcement of a decision for his or her removal from the territory of a Member State;

a third country may be considered to be a safe country of origin for the applicant within the meaning of this Regulation;

there are reasonable grounds to consider the applicant a danger to the national security or public order of the Member States or the applicant had been forcibly expelled for serious reasons of national security or public order under national law;

the application is a subsequent application which is not inadmissible;

the applicant entered the territory of a Member State unlawfully or prolonged his or her stay unlawfully and, without good reason, has either not presented himself or herself to the competent authorities or has not made an application for international protection as soon as possible, given the circumstances of his or her entry;

the applicant entered the territory of a Member State lawfully and, without good reason, has not made an application for international protection as soon as possible, given the grounds of his or her application; this point is without prejudice to the need of international protection arising sur place; or

the applicant is of a nationality or, in the case of stateless persons, a former habitual resident of a third country for which the proportion of decisions by the determining authority granting international protection is, according to the latest available yearly Union-wide average Eurostat data, 20 % or lower, unless the determining authority assesses that a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or that the applicant belongs to a category of persons for whom the proportion of 20 % or lower cannot be considered to be representative for their protection needs, taking into account, inter alia, the significant differences between first instance and final decisions.

the applicant comes from a third country that may be considered to be a safe country of origin within the meaning of this Regulation;

there are reasonable grounds to consider the applicant as a danger to the national security or public order of the Member State or the applicant had been forcibly expelled for serious reasons of national security or public order under national law;

the application is a subsequent application which is not inadmissible;

the applicant, after having been provided with the full opportunity to show good cause, is considered to have intentionally misled the authorities by presenting false information or documents or by withholding relevant information or documents, particularly with respect to his or her identity or nationality, that could have had a negative impact on the decision or there are clear grounds to consider that the applicant has, in bad faith, destroyed or disposed of an identity or travel document in order to prevent the establishment of his or her identity or nationality; or

the applicant is of a nationality or, in the case of stateless persons, a former habitual resident of a third country for which the proportion of decisions granting international protection by the determining authority is, according to the latest available yearly Union-wide average Eurostat data, 20 % or lower, unless the determining authority assesses a significant change has occurred in the third country concerned since the publication of the relevant Eurostat data or that the applicant belongs to a category of persons for whom the proportion of 20 % or lower cannot be considered to be representative for their protection needs, taking into account, inter alia, significant differences between first instance and final decisions.

following an application made at an external border crossing point or in a transit zone;

following apprehension in connection with an unauthorised crossing of the external border;

following disembarkation in the territory of a Member State after a search and rescue operation;

following relocation in accordance with Article 67(11) of Regulation (EU) 2024/1351.

the applicant has no right to remain on the territory of a Member State in accordance with Article 10(4), point (a) or (c);

the applicant has no right to remain on the territory of a Member State in accordance with Article 68 and has not requested to be allowed to remain for the purposes of an appeal procedure within the applicable time limit;

the applicant has no right to remain on the territory of a Member State in accordance with Article 68 and a court or tribunal has decided that the applicant is not to be allowed to remain pending the outcome of an appeal procedure.

the inadmissibility of an application in accordance with Article 38;

the merits of an application where any of the circumstances referred to in Article 42(1), points (a) to (g) and (j), and Article 42(3), point (b), apply.

applications of certain third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who, in the event of a negative decision, have a higher prospect of being returned, as applicable, to their country of origin, to their country of former habitual residence, to a safe third country or to a first country of asylum, within the meaning of this Regulation;

applications of certain third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who are considered, on serious grounds, to pose a danger to the national security or public order of a Member State;

without prejudice to point (b), applications of certain third-country nationals or, in the case of stateless persons, of former habitual residents in a third country who are not minors and their family members.

the spouse of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of the Member State concerned treats unmarried couples as equivalent to married couples;

the minor children of couples as referred to in point (a) or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law;

where the applicant is a minor and unmarried, the father, mother or another adult responsible for the applicant, whether by the law or practice of the Member State in which the adult is present;

where the applicant is a minor and unmarried, the sibling or siblings of the applicant, provided they are unmarried and minors.

the number of applicants that are subject to the asylum border procedure, a return border procedure established pursuant to Regulation (EU) 2024/1349 or, where applicable, an equivalent return border procedure established under national law in the Member State concerned at the time of the notification;

the measure referred to in Article 48 that the Member State concerned intends to apply or to continue applying;

a substantiated reasoning in support of the intention of the Member State concerned, describing how resorting to the measure in question could help in addressing the situation and, where applicable, other measures that the Member State concerned has adopted or envisages adopting at national level to alleviate the situation, including those referred to in Article 6(3) of Regulation (EU) 2024/1351

the number of applicants that are subject to the border procedure in that Member State at that time;

the inflow-outflow evolution of the number of persons that are subject to border procedures for each week that month;

the number of staff responsible for examining applications in the border procedure;

the average duration of the examination during the administrative stage of the procedure; and

the average duration of the examination by a court or tribunal of a request to be allowed to remain pending the appeal.

the determining authority considers that the grounds for rejecting an application as inadmissible or for applying the accelerated examination procedure are not applicable or no longer applicable;

the necessary support cannot be provided to applicants with special reception needs, including minors, in accordance with Chapter IV of Directive (EU) 2024/1346, at the locations referred to in Article 54;

the necessary support cannot be provided to applicants in need of special procedural guarantees at the locations referred to in Article 54;

there are relevant medical reasons for not applying the border procedure, including mental health reasons;

the guarantees and conditions for detention laid down in Articles 10 to 13 of Directive (EU) 2024/1346 are not met or no longer met and the border procedure cannot be applied to the applicant without the use of detention.

significantly increase the likelihood of the applicant to qualify as a beneficiary of international protection in accordance with Regulation (EU) 2024/1347; or

relate to an inadmissibility ground previously applied, where the previous application was rejected as inadmissible.

the persons referred to in paragraph 1 are allowed to remain on the territory of the third country in question,

the persons referred to in paragraph 1 have access to means of subsistence sufficient to maintain an adequate standard of living with regard to the overall situation of that hosting third country,

the persons referred to in paragraph 1 have access to healthcare and essential treatment for illnesses under the conditions generally provided for in that third country;

the persons referred to in paragraph 1 have access to education under the conditions generally provided for in that third country; and

effective protection remains available until a durable solution can be found.

the applicant enjoyed effective protection in accordance with the Geneva Convention, as referred to in Article 57(1), or enjoyed effective protection as referred to in Article 57(2), before travelling to the Union, and he or she can still avail himself or herself of that protection;

the applicant’s life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion;

the applicant faces no real risk of serious harm as defined in Article 15 of Regulation (EU) 2024/1347;

the applicant is protected against refoulement in accordance with the Geneva Convention and against removal in violation of the right to protection from torture and cruel, inhuman or degrading treatment or punishment as laid down in international law.

inform the applicant in accordance with Article 36; and

provide him or her with a document informing the authorities of the third country in question, in the language of that country, that the application has not been examined in substance as a consequence of the application of the concept of first country of asylum.

non-nationals’ life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion;

non-nationals face no real risk of serious harm as defined in Article 15 of Regulation (EU) 2024/1347;

non-nationals are protected against refoulement in accordance with the Geneva Convention and against removal in violation of the right to protection from torture and cruel, inhuman or degrading treatment or punishment as laid down in international law;

the possibility exists to request and, where conditions are fulfilled, receive effective protection as defined in Article 57.

where a third country has been designated as safe third country at Union or national level in accordance with Article 60 or 64; or

in relation to a specific applicant where the country has not been designated as safe third country at Union or national level, provided that the conditions set out in paragraph 1 are met with regard to that applicant.

the applicant cannot provide elements justifying why the concept of safe third country is not applicable to him or her, in the framework of an individual assessment;

one of the following conditions is met:

inform the applicant in accordance with Article 36; and

provide him or her with a document informing the authorities of the third country in question, in the language of that country, that the application has not been examined in substance in the Union as a consequence of the application of the concept of safe third country, without prejudice to the application of different procedures for informing the authorities of the third country set out in agreements or arrangements already in place between the Union or that Member State and the third country concerned, as referred to in paragraph 5, first subparagraph, point (b)(iii).

the relevant laws and regulations of the country and the manner in which they are applied;

observance of the rights and freedoms laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms or the International Covenant for Civil and Political Rights or the United Nations Convention against Torture, in particular the rights from which derogation cannot be made under Article 15(2) of the said European Convention;

the absence of expulsion, removal or extradition of own citizens to third countries where, inter alia, there is a serious risk that they would be subjected to the death penalty, torture, persecution or other inhuman or degrading treatment or punishment, or where their lives or freedom would be threatened on account of their race, religion, nationality, sexual orientation, membership of a particular social group or political opinion, or from which there is a serious risk of an expulsion, removal or extradition to another third country;

the provision for a system of effective remedies against violations of those rights and freedoms.

the applicant has the nationality of that country or he or she is a stateless person and was formerly habitually resident in that country;

the applicant does not belong to a category of persons for which an exception was made when designating the third country as a safe country of origin;

the applicant cannot provide elements justifying why the concept of safe country of origin is not applicable to him or her, in the framework of an individual assessment.

there is a serious threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict in that third country;

restrictive measures within the meaning of Title IV of Part Five of the TFEU have been adopted in view of that third country’s actions affecting fundamental rights and freedoms that are relevant for the criteria of designation of a third country as a safe country of origin as set out in Article 61 of this Regulation;

the proportion of decisions by the determining authority granting international protection to the applicants from that third country – either its nationals or former habitual residents in case of stateless persons – is higher than 20 % of the total number of decisions for that third country issued by the determining authority according to the latest available yearly Union-wide average Eurostat data.

where the conditions set out in Article 59 or 61 are no longer met in relation to specific parts of the third country’s territory or in relation to clearly identifiable categories of persons in that third country, the Commission shall adopt a delegated act in accordance with Article 74 to partially suspend the designation of that third country as a safe third country or as a safe country of origin at Union level for those parts of that third country’s territory or for those categories of persons for a period of six months;

where the conditions set out in Article 59 or 61 are no longer met in relation to the third country as a whole, the Commission shall adopt a delegated act in accordance with Article 74 to fully suspend the designation of that third country as a safe third country or as a safe country of origin at Union level for a period of six months.

amend that third country’s designation as a safe third country or as a safe country of origin at Union level to provide for exceptions to the designation for the specific parts of territory or for the clearly identifiable categories of persons covered by the delegated act adopted pursuant to paragraph 1, point (a); or

remove that third country’s designation as a safe third country or as a safe country of origin at Union level.