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Asylum

COUNCIL DIRECTIVE 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status

1.   In addition to cases in which an application is not examined in accordance with Regulation (EC) No 343/2003, Member States are not required to examine whether the applicant qualifies as a refugee in accordance with Directive 2004/83/EC where an application is considered inadmissible pursuant to this Article.

2.   Member States may consider an application for asylum as inadmissible pursuant to this Article if:

(a)

another Member State has granted refugee status;

(b)

a country which is not a Member State is considered as a first country of asylum for the applicant, pursuant to Article 26;

(c)

a country which is not a Member State is considered as a safe third country for the applicant, pursuant to Article 27;

(d)

the applicant is allowed to remain in the Member State concerned on some other grounds and as result of this he/she has been granted a status equivalent to the rights and benefits of the refugee status by virtue of Directive 2004/83/EC;

(e)

the applicant is allowed to remain in the territory of the Member State concerned on some other grounds which protect him/her against refoulement pending the outcome of a procedure for the determination of status pursuant to point (d);

(f)

the applicant has lodged an identical application after a final decision;

(g)

a dependant of the applicant lodges an application, after he/she has in accordance with Article 6(3) consented to have his/her case be part of an application made on his/her behalf, and there are no facts relating to the dependant’s situation, which justify a separate application.


Article 25 §2 – M.S. a.o. - Case C-616/19
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