International Protection Act 2026
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Mandatory application of asylum border procedure | ||
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179. (1) The Determining Authority shall examine an application in the asylum border procedure in the cases referred to in section 175 (1) where any of the circumstances referred to in section 173 (1)(c), (f) or (j) apply, and without prejudice to section 183 . | ||
(2) Where the adequate capacity of the State is reached, subsection (1) shall no longer apply insofar as it requires an application to be examined in the asylum border procedure in the cases referred to in section 175 (1) where the circumstances referred to in section 173 (1)(j) apply. | ||
(3) Where the circumstances referred to in section 173 (1)(f) apply and without prejudice to section 184 , the Determining Authority shall take appropriate measures to maintain as far as possible family unity in the asylum border procedure. | ||
(4) For the purposes of subsection (3), insofar as the family already existed before the applicant arrived on the territory of a Member State, and they have also made applications that are being examined by the State, the following persons are members of the applicant’s family: | ||
(a) the spouse of the applicant or his or her civil partner; | ||
(b) the minor children of couples as referred to in paragraph (a) or of the applicant, regardless of whether they were born in or out of wedlock or adopted; | ||
(c) where the applicant is a minor, the father, mother or other adult who takes responsibility for the care and protection of the minor; | ||
(d) where the applicant is a minor, the sibling or siblings of the applicant, provided they are minors. |