Background:

In Finland, there is a noticeable trend of asylum applicants submitting a new application following a first or second-instance rejection. While the share of these subsequent applications in comparison to first-time applications has decreased, the number of reapplications made by individual applicants has increased. A considerable number of these subsequent applications are lodged by individuals who entered Finland between 2015 and 2016.

Finland is currently drafting a legislative proposal that includes the processing of subsequent applications. In this context, the ad hoc query explores how Member States implement Directive 2013/32/EU on common procedures for granting and withdrawing international protection, as well as national laws regarding subsequent applications. Furthermore, the Finnish Ministry of Interior is interested in examining the strategies developed by EMN Member and Obserer Countries for processing subsequent applications, along with the reception services offered to individuals who have submitted a subsequent application.

Respondents:

19 EMN Member and Observer Countries provided a public answer to this ad hoc query (including BE).

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

• Among the EMN Member and Observer Countries, not all have reported challenges related to subsequent applications. Of the 19 responses received, challenges were reported by 11. The majority of these countries (BE, CY, EE, FI, FR, LV, LT, PL, SE) identified the high numbers of subsequent applications and re-applications, and thereby the corresponding workload, as the primary challenge. SK reported that the non-cooperation of countries, which makes expulsion impossible, leads to multiple re-applications, and this during several years.
• In response to these challenges, EMN Member and Observer Countries have implemented a variety of measures. These include the efficient allocation of staff and resources (BE), the introduction of a one-day procedure (CY), and the issuance of a 3-in-1 decision (EE). This 3-in-1 decision provides the applicant who receives a negative asylum decision with a return decision and a decision to impose an entry ban. FR has introduced legislation to end the right to remain on the territory when a subsequent application is rejected. Additionally, GR and SE introduced special procedures to handle these applications.
• 7 EMN Member and Observer Countries (EE, FI, LV, LT, LU, PL, RS) reported not to limit or restrict reception conditions for applicants who have lodged a subsequent application. In BE, the Reception Act stipulates that material assistance may be limited to medical assistance upon submission of a subsequent application, or may even be withdrawn. This limitation is individually assessed. In CZ, an individual lodging a subsequent application is not entitled to receive reception conditions. In SK, the restriction is only limited to pocket money.

For further details, please read the compilation of answers attached above.