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Chapter 5
Withdrawal of application
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Explicit withdrawal of application
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70. (1) An applicant may at any time (whether at first instance or on appeal) express an intention to withdraw his or her application by notice in writing addressed to—
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(a) the Determining Authority (at first instance), or
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(b) the Tribunal (on appeal).
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(2) Where notice is given pursuant to subsection (1)(a), the Determining Authority shall—
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(a) inform the applicant, in accordance with Article 8(2)(c) of the Asylum Procedures Regulation, of the procedural consequences of such a withdrawal in a language the applicant understands or is reasonably supposed to understand, and
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(b) make a declaration that the application has been explicitly withdrawn.
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(3) Where notice is given pursuant to subsection (1)(b), the Tribunal shall—
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(a) inform the applicant, in accordance with Article 8(2)(c) of the Asylum Procedures Regulation, of the procedural consequences of such a withdrawal in a language the applicant understands or is reasonably supposed to understand, and
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(b) inform the Determining Authority of the withdrawal of the application.
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(4) After receiving a notice under subsection (3)(b), the Determining Authority shall adopt a decision declaring that the application has been explicitly withdrawn.
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(5) Notwithstanding subsection (2)(b) or (4), if, at the stage that the application is explicitly withdrawn by the applicant, the Determining Authority has already found that the applicant does not qualify for international protection, the Determining Authority may still take a decision to reject the application as unfounded or manifestly unfounded.
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