Background information
Your country may have adopted a special procedure for applications made at the border or in a transit zone, whereby the examination takes place in the border or transit zones before access to the territory is granted. The grounds on which an asylum claim can be assessed at the border or transit zones are to examine:
- the admissibility of an application;
- the substance of an application that could be assessed under the accelerated procedure.
In both circumstances, the decision is to be taken in a reasonable time frame. When a decision cannot be taken within four weeks, the applicant is to be authorised to enter the territory of the Member State, where the assessment of their claim under the normal procedure will take place (Article 43(2) APD (recast) ‘Border procedures’).
Explain these messages to the applicant during the registration/lodging, personal interview and notification:
- The applicant cannot enter the territory of the country because the country has adopted a special procedure called a border procedure which is conducted at the border or transit zone. Explain why the border procedure was adopted and if the application will be assessed in the admissibility procedure.
- If the request is considered admissible, its substance will be examined in a reduced time frame. If possible, inform the applicant about the exact time frame in line with your national practice.
- If the application is rejected, the applicant will have a reduced time frame to file an appeal, in line with the modalities provided for in your national legislation. Inform the applicant about the exact appeal deadline in line with your national practice.
- In any event, if a decision or final decision has not been taken within four weeks, the applicant will gain access to the territory.