Ad Hoc Query on time limit to reopen an application in the event of implicit withdrawal or abandonment of the application according to the directive 2013/32/EU
In the event of implicit withdrawal or abandonment of an asylum application, Art. 28 par. 2 of the directive 2013/32/EU allows Member States to determine in their legislation a time limit of at least nine months, after which the applicant’s case can no longer be reopened or the new application may be treated as a subsequent application. The German Federal Office for Migration and Refugees launched an Ad Hoc Query to enquire whether and how the Member States transposed this provision.
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The German Federal Office for Migration and Refugees launched an Ad Hoc Query to enquire (i) whether the Member States transposed Article 28 par.2 of the directive 2013/32/EU; (ii) what time limit the Member States determined to reopen an application in the event of implicit withdrawal or abandonment of the application; (iii) in case of non-transposition, whether the Member State's national law contains other possibilities to reopen the case besides filling a new application.
24 Member States replied to this Ad Hoc Query. Among other findings:
- The vast majority of the Member States participating in the query transposed Article 28 par.2 of the directive 2013/32/EU.
- 11 of the participating Member States apply a 9-month period as a time limit to reopen an application in the event of implicit withdrawal or abandonment of the application.
- In the Netherlands, the legislature has chosen not to implement the option in the legislation whereby a time limit is given to resume the examination of the application. If the first application is (implicitly) withdrawn by the applicant, the applicant has to submit a new application for international protection. Portugal and Croatia do not impose a time limit.
For further information, please read the compilation of answers above.