Applicants for international protection have the right to stay in the country during the examination of their application. The right to remain is a key principle of the asylum procedure. It applies as a general rule during the examination of an application (Article 9(1) APD (recast)).

There are limited exceptions to this right (under very strict circumstances) which are different during the first instance and the appeal.

During the first instance, exceptions may apply only in the context of a subsequent application (Article 41(1) APD (recast)) or of an extradition (Article 9(2) APD (recast)), depending on the national practice.

The exceptions from the right to remain in the context of a subsequent application may apply, depending on national legislation, when an additional subsequent application has been made (when an applicant has made three or more applications and exceptionally when an applicant has made a second application, after the previous one was found to be inadmissible or rejected as unfounded).

The exception in the context of an extradition may apply when the Member State is going to surrender or extradite the applicant following a European arrest warrant or for other reasons to another Member State, to a third country or to an international tribunal or court. Extradition cannot take place unless the authorities are satisfied that the person will not be exposed to risk of direct or indirect refoulement (Article 9(3) APD).