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Time frame for the examination

Background information

The general principle is that the examination procedure at first instance (i.e. not including the appeal) is concluded within six months of the lodging of the application (Article 6(4) APD (recast)). Under certain circumstances, explained in the following section, the time limit can be extended.

The time limit of 6 months can be extended by a further 9 months, i.e. reaching a total time limit of 15 months, in the following cases:

  • when complex issues of fact and/or law are involved;
  • when there are a large number of applications lodged in a Member State simultaneously;
  • if the delay can be clearly attributed to the applicant’s failure to cooperate with the authority.

The time limit of 15 months may exceptionally be extended by a further 3 months, i.e. reaching a total time limit of 18 months, where necessary and duly justified, in order to ensure the adequate and complete examination of an application.

Finally, due to an uncertain but temporary situation in the country of origin, concluding the examination procedure may be postponed where the determining authority cannot decide within the time limits stated above. 

However, in any event, even if the conclusion of the examination is postponed, the examination shall be concluded within 21 months. after the lodging of the application (Articles 31(3), (4), (5) and (9) APD (recast) ‘Examination procedure’). 

A different time frame usually applies for accelerated procedures or other special procedures. For more information, refer to the following topics related to the section 'Next steps if the application is channelled through a special examination procedure': Dublin procedure; Subsequent application; Admissibility procedure; Accelerated procedure; Border procedure.

In specific cases, the examination of an application may be prioritised and the decision is issued within a shorter time limit (Article 31(7) APD (recast)). These include situations when the application is likely to be well-founded and the asylum status or subsidiary protection will be granted and/or where the applicant is vulnerable and in need of special procedural guarantees, particularly unaccompanied children.

Explain this message to the applicant during the first contact (making) and registration/lodging:

  • The examination procedure can last several months (approximate time frame should be indicated in accordance with national practice).

Explain these messages to the applicant during the registration/lodging and the personal interview:

  • The examination procedure should normally be concluded as soon as possible and the applicant should receive a decision within six months after the application was lodged. This does not include the appeal procedure.
  • The time frame to issue a decision may be extended in certain circumstances. However, the total time frame will not exceed 21 months. If the examination procedure is extended, the applicant has to be informed within a reasonable time of the reasons for the postponement. There can be different reasons for extending the time limits which can include external factors, for example, in situations where large numbers of applications are made simultaneously. Delays could also be directly linked to the assessment of an application if it is particularly complex.
  • Should the time frame to issue a decision be extended (i.e. beyond six months), the authorities will notify the applicant (102). Inform the applicant about how they will be notified in line with national practice.
  • The applicant can enquire about the reasons for this delay and ask for an estimate of when the decision will be made (103). Provide additional information on the procedure to enquire about this information based on your national practice.
  • If the reason for postponing is due to an uncertain situation in the country of origin which is expected to be temporary, inform the applicant of the reasons for the postponement (104).
  • The procedures and time limits might be different if the application is assessed within a special procedure, such as the accelerated procedure, border procedure or admissibility procedure. The application may also be prioritised. In such cases, applicants are provided with specific information by the national asylum authorities.
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Practical tip: providing additional explanation and reassurance regarding the length of the procedure

The waiting time to receive a decision might vary, depending on a broad range of factors. An applicant who has arrived later might receive a decision earlier that those that arrived before them. You should reassure the applicant that this is not a reason to worry, every application is different and is examined individually. In specific cases, when it is very likely that the assessment will take a long time, information concerning the time frame for the decision notification could be provided during the personal interview.

It is also recommended to stress that the applicant should not leave the country, as leaving the country and returning will have consequences. For more information, see topics under the section 'The possible consequences of not complying with obligations and not cooperating with the authorities', Application can be considered as implicitly withdrawn or abandoned; Assessment of relevant elements in the asylum claim may be affected; Asylum procedure may be accelerated; Material reception conditions may be reduced or in exceptional cases withdrawn.

(102) Article 31(6), point (a) APD (recast) ‘Examination procedure’.
(103) Article 31(6), point (b) APD (recast) ‘Examination procedure’.
(104) Article 31(4), point (b) APD (recast) ‘Examination procedure’.