1. Applicants and persons subject to withdrawal of international protection shall have the right to an effective remedy before a court or tribunal, in accordance with the basic principles and guarantees provided for in Chapter II that relate to the appeal procedure, against the following:
(a)
a decision rejecting an application as inadmissible;
(b)
a decision rejecting an application as unfounded or manifestly unfounded in relation to both refugee and subsidiary protection status;
(c)
a decision rejecting an application as implicitly withdrawn;
(d)
a decision withdrawing international protection;
(e)
a return decision issued in accordance with Article 37 of this Regulation.
By way of derogation from the first subparagraph, point (d), of this paragraph, Member States may provide in their national law that the cases referred to in Article 66(6) are not to be subject to an appeal.
Where a return decision is taken as a part of a related decision as referred to in points (a), (b), (c) or (d) of the first subparagraph, the return decision shall be appealed jointly with that related decision, before the same court or tribunal, within the same judicial proceedings and the same time limits. Where a return decision is issued as a separate act pursuant to Article 37, it may be appealed in separate judicial proceedings. The time limits for those separate judicial proceedings shall not exceed the time limits referred to in paragraph 7 of this Article.
2. Without prejudice to paragraph 1, persons recognised as eligible for subsidiary protection shall have the right to an effective remedy against a decision considering their application unfounded in relation to refugee status.
3. An effective remedy as referred to in paragraph 1 shall provide for a full and ex nunc examination of both facts and points of law, at least before a court or tribunal of first instance, including, where applicable, an examination of the international protection needs pursuant to Regulation (EU) 2024/1347.
4. Applicants, persons subject to withdrawal of international protection and persons recognised as eligible for subsidiary protection shall be provided with interpretation for the purpose of a hearing before the competent court or tribunal, where such a hearing takes place and appropriate communication cannot otherwise be ensured.
5. Where the court or tribunal considers it necessary, it shall ensure the translation of relevant documents that have not already been translated in accordance with Article 34(4). Alternatively, translations of those relevant documents may be provided by other entities and paid for from public funds in accordance with national law.
An applicant, a person subject to withdrawal of international protection and a person recognised as eligible for subsidiary protection may, at his or her own cost, ensure the translation of other documents.
6. Where the documents are not submitted in due time, as determined by the court or tribunal, in the event that the translation is to be provided by the applicant, or where documents are not submitted in time for the court or tribunal to ensure that they are translated in the event that the translation is ensured by the court or tribunal, the court or tribunal may refuse to take those documents into account.
7. Member States shall lay down the following time limits in their national law for applicants, persons subject to withdrawal of international protection and persons recognised as eligible for subsidiary protection to lodge appeals against the decisions referred to in paragraph 1:
(a)
between a minimum of five days and a maximum of ten days in the case of a decision rejecting an application as inadmissible, as implicitly withdrawn, as unfounded or as manifestly unfounded if at the time of the decision any of the circumstances referred to in Article 42(1) or (3) apply;
(b)
between a minimum of two weeks and a maximum of one month in all other cases.
8. The time limits referred to in paragraph 7 shall start to run from the date on which the decision of the determining authority or, in the case of withdrawal of international protection and where provided for by national law, of the competent court or tribunal is notified to the applicant, the person subject to withdrawal of international protection, the person recognised as eligible for subsidiary protection or to his or her representative or legal adviser legally representing the applicant. The procedure for notification shall be laid down in national law.
1. The effects of a return decision shall be automatically suspended for as long as an applicant or a person subject to withdrawal of international protection has a right to remain or is allowed to remain in accordance with this Article.
2. Applicants and persons subject to withdrawal of international protection shall have the right to remain on the territory of the Member States until the time limit within which they can exercise their right to an effective remedy before a court or tribunal of first instance has expired and, where such a right has been exercised within the time limit, pending the outcome of the remedy.
3. Without prejudice to the principle of non-refoulement, the applicant and the person subject to withdrawal of international protection shall not have the right to remain pursuant to paragraph 2 where the competent authority has taken one of the following decisions:
(a)
a decision which rejects an application as unfounded or manifestly unfounded if at the time of the decision:
(i)
the applicant is subject to an accelerated examination pursuant to Article 42(1) or (3);
(ii)
the applicant is subject to the border procedure, except where the applicant is an unaccompanied minor;
(b)
a decision which rejects an application as inadmissible pursuant to Article 38(1), point (a), (d) or (e), or Article 38(2), except where the applicant is an unaccompanied minor subject to the border procedure;
(c)
a decision which rejects an application as implicitly withdrawn;
(d)
a decision which rejects a subsequent application as unfounded or manifestly unfounded; or
(e)
a decision to withdraw international protection in accordance with Article 14(1), point (b), (d) or (e), or Article 19(1), point (b), of Regulation (EU) 2024/1347.
4. In the cases referred to in paragraph 3, a court or tribunal shall have the power to decide, following an examination of both facts and points of law, whether or not the applicant or the person subject to withdrawal of international protection should be allowed to remain on the territory of the Member States pending the outcome of the remedy, upon the request of the applicant or of the person subject to withdrawal of international protection. The competent court or tribunal shall under national law have the power to decide on this matter ex officio .
5. For the purposes of paragraph 4, the following conditions shall apply where relevant in the light of any ex officio decisions:
(a)
the applicant or the person subject to withdrawal of international protection shall have a time limit of at least five days from the date on which the decision is notified to him or her to request to be allowed to remain on the territory pending the outcome of the remedy;
(b)
the applicant or the person subject to withdrawal of international protection shall be provided with interpretation in the event of a hearing before the competent court or tribunal, where appropriate communication cannot otherwise be ensured;
(c)
the applicant or the person subject to withdrawal of international protection shall be provided, upon request, with free legal assistance and representation in accordance with Article 17;
(d)
the applicant or the person subject to withdrawal of international protection shall not be removed from the territory of the Member State responsible:
(i)
until the time limit for requesting a court or tribunal to be allowed to remain has expired;
(ii)
where the applicant or the person subject to withdrawal of international protection has requested to be allowed to remain within the set time limit, pending the decision of the court or tribunal on whether or not the applicant or the person subject to withdrawal of international protection shall be allowed to remain on the territory;
(e)
the applicant or the person subject to withdrawal of international protection shall be duly informed in a timely manner of her or his rights under this paragraph.
6. In cases of subsequent applications, by way of derogation from paragraph 5, point (d), Member States may provide in national law that the applicant shall not have a right to remain, without prejudice to the respect of the principle of non-refoulement, if the appeal is 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.
7. An applicant or a person subject to withdrawal of international protection who lodges a further appeal against a first or subsequent appeal decision shall not have a right to remain on the territory of the Member State, without prejudice to the possibility for a court or tribunal to allow the applicant or the person subject to withdrawal of international protection to remain upon the request of the applicant or of the person subject to withdrawal of international protection or acting ex officio in cases where the principle of non-refoulement is invoked.
Without prejudice to an adequate and complete examination of an appeal, Member States shall lay down in their national law reasonable time limits for the court or tribunal to examine decisions in accordance with Article 67(1).
