5. Procedures for granting and withdrawing asylum status

Question 1

What is the aim of the Directive 2013/32/EC?

Answer 1

Under both the ECHR and the EU Law, asylum seekers have the right to effective asylum procedures and remedies.
The EU aims to have common procedures for granting and withdrawing international protection.

Question 2

What are the exceptions for the right to remain in the MS of the application?

Answer 2

• Repeat applications and
• Extradition cases.

Question 3

What are the basic procedural requirements?

Answer 3

Asylum applicants must:
1. be informed of the procedure to follow and time frame in a language they understand or may reasonably be supposed to understand;
2. receive the services of an interpreter, whenever necessary;
3. be allowed to communicate with UNHCR or with organisations providing legal advice;
4. be given access to the evidence used to take a decision on their application;
5. be given notice of the decision within a reasonable time; and
6. be informed of the decision in a language they understand or may reasonably be supposed to understand (Article 12 APD).

Question 4

For how long can an application be examined for?

Answer 4

6 months (in the new system it’s shorter) and
there’s the right to extend this time period up to 21 months.
If the decision cannot be taken in 6 months, the applicant needs to be informed.

Question 5

What are the APR Proposal deadlines?

Answer 5

• Registration should be completed within 3 working days
• The asylum application should be logded within 10 working days
• Decisions on the applications should be issued within two months of the lodging
• Applicants whose claims have been channeled into the accelerated procedure have two weeks from
  notification to lodge an appeal against a rejection and second instance decisions must be
  rendered within a two-month deadline.