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Admissibility procedure

Background information

Each EU+ country can establish admissibility procedures within their national asylum legislation in order to decide if an application is inadmissible and will not be further assessed on the merits.

The grounds for channelling an asylum application to the admissibility procedure relate to the following circumstances.

  • Another Member State has granted the applicant international protection (Article 33(2a) APD (recast)).
  • The applicant has been recognised as a refugee by another non-EU country or they can enjoy sufficient protection in that country, including benefiting from the principle of non-refoulement (Article 33(2a) APD (recast)).
  • The applicant has a connection with a third country that is considered as a safe third country (Article 38 APD (recast)) by the host country, where the applicant can request international protection (Article 33(2c) APD (recast)).
  • The application is a subsequent application (Article 33(2d) APD (recast)).
  • A dependent applicant wants to lodge a separate application but the authorities deem that there are no facts justifying such a request after the applicant’s consent to an application on their behalf (Article 33(2e) APD (recast)).

Explain these messages to the applicant during the registration/lodging:

  • The application is going to be assessed in an admissibility procedure and explain for which particular reason(s). The authority will assess only the reason(s) they have channelled the application to the admissibility procedure but not the reasons the applicant left their country and cannot return there, which will be assessed only if the application is considered admissible.
  • Applicants have the right to present their views with regard to the reason(s) they have been channelled to the admissibility procedure through a personal interview (125).
  • Whenever an application is considered inadmissible, the applicant’s eligibility for international protection will not be examined further and therefore the administrative procedure will come to an end.
  • The applicant has the right to appeal against an admissibility decision.

Explain these messages to the applicant if the application is inadmissible: 

  • the examination will end and the application will not be further examined. 
  • the applicant will be notified of the decision that explains why the application will not be further examined.
  • the possibility to appeal and the time limits. 
  • If applicable, that the right to remain in the host country will be restricted or that the right to remain in the host country has now ceased and the return procedure will be initiated if it complies with the principle of non-refoulement. 

Explain these messages to the applicant if the application is admissible: 

  • the application will be examined on the substance (as in the regular procedure);
  • if applicable, provide information provision messages related to the personal interview (for more information, see topic 'Personal interview').
  • information provision messages during the notification stage (for more information, see topic 'Notification').

(125) Article 34(1) APD (recast) ‘Special rules on an admissibility interview’.