Making an application for international protection
1. An application for international protection shall be considered to have been made when a third-country national or stateless person, including an unaccompanied minor, expresses in person to a competent authority as referred to in Article 4(1) and (2) a wish to receive international protection from a Member State.
Where officials from the competent authority have doubts as to whether a certain declaration is to be construed as an application for international protection, they shall ask the person expressly whether he or she wishes to receive international protection.
2. The authorities responsible for the reception facilities in accordance with the Directive (EU) 2024/1346 shall, where relevant, be informed that an application has been made. For third-country nationals subject to the screening referred to in Article 5(1) of Regulation (EU) 2024/1356, Member States may choose to apply this paragraph after the screening has ended.
Registering applications for international protection
1. Without prejudice to the obligations to collect and transmit data in accordance with Article 15(1) Regulation (EU) 2024/1358, the authorities competent for registering applications, the authorities of another Member State referred to in Article 5(1), point (b) of this Regulation or the experts deployed by the Asylum Agency which assist them with that task shall register an application promptly and, in any event, no later than five days from when it is made. For that purpose, they shall register the following information, which may come from the screening form referred to in Article 17 of Regulation (EU) 2024/1356:
(a)
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;
(b)
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;
(c)
the date of the application, the place where the application was made and the authority to which the application was made;
(d)
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.
Where the data referred to in points (a) and (b) of the first subparagraph have already been obtained by the Member States before the application is made, they shall not to be requested again.
2. Where an individual claims not to have a nationality, that fact shall be clearly registered pending the determination of whether the individual is stateless.
3. Where an application is made to an authority entrusted with the task of receiving applications for international protection which is not responsible for registering applications, that authority shall promptly and at the latest within three working days from when the application was made inform the authority responsible for registering applications. The authority responsible for registering applications shall register the application as soon as possible and no later than five days from when it has received the information.
4. Where the information is collected by the determining authority or by another authority assisting it for the purpose of examining the application, additional data necessary for the examination of the application may also be collected at the time of registration.
5. Where there is a disproportionate number of third-country nationals or stateless persons who make an application within the same period of time, making it unfeasible to register applications within the deadlines provided for in paragraphs 1 and 3, the application shall be registered no later than 15 days from when it was made.
6. Without prejudice to the right of the applicant to present new elements in support of the application, in the case of a subsequent application, where the information referred to in paragraph 1, points (a), (b) and (d), and paragraph 2 is already available to the competent authority, it may not have to collect such data.
7. For third-country nationals subject to the screening referred to in Article 5(1) of Regulation (EU) 2024/1356, paragraphs 1 to 6 of this Article shall apply only after the screening has ended.
Lodging an application for international protection
1. The applicant shall lodge the application with the competent authority of the Member State where the application is made as soon as possible and no later than 21 days from when the application is registered, unless paragraph 6 of this Article applies, provided that he or she is given an effective opportunity to do so in accordance with this Article. Where the application is not lodged with the determining authority, the competent authority shall promptly inform the determining authority that an application has been lodged.
2. Following a transfer in accordance with Article 46 of Regulation (EU) 2024/1351, the applicant shall lodge the application with the competent authorities of the Member State responsible as soon as possible and no later than 21 days from when the applicant identifies himself or herself to the competent authorities of the Member State responsible.
3. The application shall be lodged in person at a designated date and place and, where communicated, time. The competent authorities shall communicate that date and place to the applicant. The competent authorities may communicate a time to the applicant.
Member States may provide in national law that an application is deemed to be lodged in person when the competent authority verifies that the applicant is physically present on the territory of the Member State at the time of registration or lodging of an application.
4. By way of derogation from paragraph 3, Member States may provide in national law for the possibility for the applicant to lodge an application by means of a form, including where he or she is unable to appear in person owing to enduring serious circumstances beyond his or her control, such as imprisonment or long-term hospitalisation. The application shall be considered to have been lodged provided that the applicant submits the form within the time limit set out in paragraph 1 and provided that the competent authority concludes that the conditions under this paragraph have been met. In such cases, the time limit for the examination of the application shall start to run from the date on which the competent authority receives the form.
5. For the purposes of the first subparagraph of paragraph 3, where 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 give each applicant an appointment within the time limit set in paragraph 1, the applicant shall be given an appointment to lodge his or her application at a date no later than two months from when the application is registered.
6. When lodging an application, applicants are required to submit as soon as possible all the elements and documents at their disposal referred to in Article 4(2) of Regulation (EU) 2024/1347 needed for substantiating their application. After the lodging of their application, in particular at their personal interview, applicants shall be allowed to submit any additional elements relevant for its examination, until a decision under the administrative procedure is taken on their application.
Member States may set a deadline within that timeframe for submitting those additional elements with which the applicant shall endeavour to comply.
7. Member States may organise the access to the procedure in such a way that making, registering or lodging take place at the same time. In such cases, Member States shall ensure that all applicants enjoy the guarantees provided for in Article 8(2) to (6). Where making, registering or lodging take place at the same time, applicants shall be allowed to submit all the elements and documents at their disposal referred to in Article 4(2) of Regulation (EU) 2024/1347 needed for substantiating their application during their personal interview.
In addition, applicants shall be allowed to submit any additional elements relevant for the examination of their application, until a decision under the administrative procedure is taken on their application. Member States may set a deadline within that timeframe for submitting those additional elements with which the applicant shall endeavour to comply.
Documents provided to the applicant
1. The competent authorities of the Member State where an application for international protection is made shall, upon registration of the application, provide the applicant with a document in his or her own name indicating that an application has been made and registered. That document shall be valid until the document referred to in paragraph 4 has been issued.
Following a transfer in accordance with Article 46 of Regulation (EU) 2024/1351, the competent authorities of the Member State responsible shall, when the applicant identifies himself or herself to them, provide the applicant with a document in his or her name indicating that an application has been made and registered and that the person has been transferred. That document shall remain valid until the document referred to in paragraph 4 has been issued.
2. The document referred to in paragraph 1 does not have to be provided if it is possible to issue the document referred to in paragraph 4 by the time of registration.
3. The document referred to in paragraph 1 shall be withdrawn when the document referred to in paragraph 4 is issued.
4. The competent authorities of the Member State where the application is lodged in accordance with Article 28(1) and (2) shall, as soon as possible after the lodging of the application, issue a document including at least the following elements, to be updated as necessary:
(a)
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;
(b)
the issuing authority, date and place of issue and period of validity of the document;
(c)
the status of the individual as an applicant;
(d)
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;
(e)
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.
5. It shall not be necessary to issue any of the documents referred to in this Article where and for as long as the applicant is in detention or imprisonment.
Upon release from detention or imprisonment, the applicant shall be provided with the document referred to in paragraph 1 or 4. Where the applicant is provided with the document referred to in paragraph 1 upon release, the applicant shall receive the document referred to in paragraph 4 as soon as possible.
6. In the case of accompanied minors, the documents referred to in this Article issued to one of the parents of the applicant or the adult responsible for him or her whether by the law or practice of the Member State concerned may also cover the minor, if appropriate.
7. The documents referred to in this Article need not be proof of identity but shall be considered to be sufficient means for applicants to identify themselves to national authorities and to access their rights for the duration of the procedure for international protection.
8. The documents referred to in paragraphs 1 and 4 shall state the date of registration of the application.
9. The document referred to in paragraph 4 shall be valid for up to 12 months or until the applicant is transferred to another Member State in accordance with Regulation (EU) 2024/1351. Where that document is issued by the Member State responsible, the validity of the document shall be renewed so as to cover the period during which the applicant has a right to remain on its territory. The period of validity of the document does not constitute a right to remain where that right was terminated or suspended in accordance with this Regulation.
Access to the procedure in detention facilities and at border crossing points
1. Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may wish to make an application for international protection, the competent authorities under Article 4 shall provide them with information on the possibility to do so.
2. Where an applicant makes an application in a detention facility, in prison or at a border crossing point, including transit zones, at external borders, the competent authorities under Article 4 shall make arrangements for interpretation services to the extent necessary to facilitate access to the procedure for international protection.
3. Organisations and persons permitted under national law to provide advice and counselling shall have effective access to applicants held in detention facilities or present at border crossing points, including transit zones, at external borders. Such access may be subject to a prior agreement with the competent authorities.
Member States may impose limits on access as referred to in the first subparagraph, by virtue of national law, where they are objectively necessary for the security, public order or administrative management of a border crossing point, including transit zones, or detention facility, provided that access is not severely restricted or rendered impossible.
Applications on behalf of adults requiring assistance to exercise legal capacity
1. In the case of an adult requiring assistance to exercise legal capacity in accordance with national law (the ‘dependent adult’), an adult responsible for him or her whether by law or by practice of the Member State concerned may make and lodge an application on the behalf of the dependent adult.
2. The dependent adult shall be present for the lodging of the application, except where there are justified reasons for which he or she is unable or unfit to be present or, where such a possibility is provided for in national law, the application is lodged by means of a form.
Applications on behalf of accompanied minors
1. An accompanied minor shall have the right to lodge an application in his or her own name where he or she has legal capacity in accordance with the national law of the Member State concerned. Where the accompanied minor does not have legal capacity in accordance with the national law of the Member State concerned, a parent or another adult, such as a legal caregiver or child protection services, responsible for the minor, whether by the law or practice of the Member State concerned, shall lodge the application on the minor’s behalf.
2. In the case of an accompanied minor who does not have legal capacity in accordance with the national law of the Member State concerned and who is present at the moment the parent or another adult responsible for him or her whether by the law or practice of the Member State concerned makes or lodges the application for international protection on the territory of the same Member State, in particular if such minor does not have any other legal means of staying on the territory of that same Member State, the making and lodging of an application by a parent or another adult responsible for him or her whether by the law or practice of the Member State concerned shall also be considered to be the making and lodging of an application for international protection on behalf of the minor.
Member States may decide to apply the first subparagraph also in the case of an accompanied minor who is born or who is present during the administrative procedure.
3. Where the parent or adult responsible for the accompanied minor referred to in paragraph 2 lodges the application on behalf of the minor, the minor shall be present for the lodging of the application, except where there are justified reasons for which the minor is unable or unfit to be present or, where such a possibility is provided for in national law, the application on behalf of the minor is lodged by means of a form.
Applications of unaccompanied minors
1. An unaccompanied minor shall have the right to lodge an application in his or her own name if he or she has legal capacity in accordance with the national law of the Member State concerned. To that effect, the unaccompanied minor shall be informed of the age of legal capacity in the Member State responsible for examining his or her application for international protection. Where the unaccompanied minor does not have legal capacity in accordance with the national law of the Member State concerned a representative or a person as referred to in Article 23(2), point (a), shall lodge the application on his or her behalf.
The first subparagraph of this paragraph shall apply without prejudice to unaccompanied minors’ right to legal counselling and to legal assistance and representation in accordance with Articles 15 and 16.
2. In the case of an unaccompanied minor who does not have legal capacity in accordance with the national law of the Member State concerned, the application shall be lodged within the time limit set out in Article 28(1), taking into account the best interests of the child.
3. Where the representative of an unaccompanied minor or a person as referred to in Article 23(2), point (a), lodges the application on behalf of the minor, the minor shall be present for the lodging of the application, except where there are justified reasons for which the minor is unable or unfit to be present or, where such a possibility is provided for in national law, the application is lodged by means of a form.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
