Chapter III, Section III, Article 36 · Regulation (EU) 2024/1348

Contents

Article 36Decisions on applications#

1.A decision on an application for international protection shall be given in writing and it shall be notified to the applicant as soon as possible in accordance with the national law of the Member State concerned. Where a representative or legal adviser legally represents the applicant, the competent authority may notify the decision to him or her instead of the applicant.

2.Where an application is rejected as inadmissible, as unfounded or as manifestly unfounded with regard to refugee status or subsidiary protection status, as explicitly withdrawn or as implicitly withdrawn, the reasons in fact and in law for the rejection shall be stated in the decision.

3.The applicant shall be informed, in writing, of the result of the decision and of how to challenge a decision rejecting an application as inadmissible, as unfounded or as manifestly unfounded with regard to refugee status or subsidiary protection status, or as implicitly withdrawn. That information may be provided as part of the decision on an application for international protection. Where the applicant is not assisted by a legal adviser, that information shall be provided in a language that the applicant understands or is reasonably supposed to understand.

4.Where the applicant is assisted by a legal adviser who legally represents the applicant, the information referred to in paragraph 3 may be provided solely to that legal adviser without being translated into a language which the applicant understands or is reasonably supposed to understand. In such a case, the fact of whether or not international protection is granted shall be communicated, in writing, for information to the applicant in a language which he or she understands or is reasonably supposed to understand, together with general information on how to challenge the decision.

5.In the case of applications on behalf of minors or dependent adults and where the applications are all based on the exact same grounds as the application of the adult responsible for that minor or dependent adult, the determining authority may, following an individual assessment for each applicant, take a single decision covering all applicants, unless to do so would lead to the disclosure of particular circumstances of an applicant which could jeopardise his or her interests, in particular in cases involving gender-based violence, trafficking in human beings, and persecution based on gender, sexual orientation, gender identity or age. In such cases, a separate decision shall be issued and notified to the person concerned in accordance with paragraph 1.

Defined terms · 20

Show every defined term

adequate capacity
means the capacity required at any given moment to carry out the asylum border procedure, and the return border procedure established pursuant to Regulation (EU) 2024/1349 or, where applicable, an equivalent return border procedure established under national law;
applicant
means a third-country national or a stateless person who has made an application for international protection in respect of which a final decision has not yet been taken;
applicant in need of special procedural guarantees
means an applicant whose ability to benefit from the rights and comply with the obligations provided for in this Regulation is limited due to individual circumstances, such as specific vulnerabilities;
application
means a request for protection from a Member State made by a third-country national or a stateless person who can be understood to be seeking refugee status or subsidiary protection status;
biometric data
means biometric data as defined in Article 2, point (s), of Regulation (EU) 2024/1358;
determining authority
means any quasi-judicial or administrative body in a Member State responsible for examining applications for international protection and competent to take decisions under the administrative procedure;
examination of an application for international protection
means an examination of the admissibility or the merits of an application for international protection in accordance with this Regulation and Regulation (EU) 2024/1347;
final decision
means a decision on whether or not a third-country national or stateless person is granted refugee status or subsidiary protection status pursuant to Regulation (EU) 2024/1347, including a decision rejecting the application as inadmissible or a decision rejecting an application as implicitly or explicitly withdrawn, which is no longer subject to a remedy under the framework of Chapter V of this Regulation or has become final in accordance with national law, irrespective of whether the applicant has the right to remain in accordance with this Regulation;
international protection
means refugee status or subsidiary protection status;
Member State responsible
means the Member State responsible for the examination of an application in accordance with Regulation (EU) 2024/1351.
minor
means a third-country national or stateless person below the age of 18 years;
person eligible for subsidiary protection
means a third-country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that that person, if returned to his or her country of origin or, in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15 of Regulation (EU) 2024/1347, and to whom Article 17(1) and (2) of that Regulation does not apply, and is unable or, owing to such risk, unwilling to avail himself or herself of the protection of that country;
refugee
means a third-country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person who, being outside of the country of former habitual residence for the same reasons as mentioned, is unable or, owing to such fear, unwilling to return to it, and to whom Article 12 of Regulation (EU) 2024/1347 does not apply;
refugee status
means the recognition by a Member State of a third-country national or a stateless person as a refugee in accordance with Regulation (EU) 2024/1347;
remain in the Member State
means to remain on the territory, including at the border or in transit zones, of the Member State in which the application for international protection has been made or is being examined;
stateless person
means a person who is not considered to be a national by any State under the operation of its law;
subsequent application
means a further application for international protection made in any Member State after a final decision has been taken on a previous application, including cases in which the application has been rejected as explicitly or implicitly withdrawn;
subsidiary protection status
means the recognition by a Member State of a third-country national or a stateless person as a person eligible for subsidiary protection in accordance with Regulation (EU) 2024/1347;
unaccompanied minor
means a minor who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her, whether by law or practice of the Member State concerned, and for as long as that minor is not effectively taken into the care of such an adult, including a minor who is left unaccompanied after he or she has entered the territory of the Member States;
withdrawal of international protection
means a decision by a determining authority or a competent court or tribunal to revoke or end, including by refusing to renew, international protection, in accordance with Regulation (EU) 2024/1347;