International Protection Act 2026
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Chapter 6 Subsequent application | ||
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Subsequent application | ||
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72. (1) Where an applicant makes a subsequent application, the Determining Authority shall conduct an examination (in this section referred to as a “preliminary examination”) to establish whether any new elements have arisen or have been presented by the applicant in that subsequent application that— | ||
(a) significantly increase the likelihood of the applicant qualifying as a beneficiary of international protection, or | ||
(b) where the previous application was rejected as inadmissible, relate to a ground set out in section 157 (2) or (3) previously applied to his or her previous application. | ||
(2) A preliminary examination shall be carried out on the basis of— | ||
(a) a personal interview in accordance with the basic principles and guarantees provided for in Chapter II of the Asylum Procedures Regulation, or | ||
(b) where it is clear that neither paragraph (a) or (b) of subsection (1) applies, written submissions. | ||
(3) For the purposes of a preliminary examination, an element shall be considered to be new only where the applicant was unable, through no fault on his or her own part, to present those elements in the context of the previous application. | ||
(4) Without prejudice to subsection (3), the Determining Authority need not consider an element which could have been presented in an earlier application to be new unless— | ||
(a) presentation of the element significantly increases the likelihood of— | ||
(i) the application not being inadmissible, or | ||
(ii) the applicant qualifying as a beneficiary of international protection, | ||
or | ||
(b) the previous application was rejected as implicitly withdrawn in accordance with section 71 without an examination on its merits. | ||
(5) Where new elements that satisfy the requirements of paragraph (a) or (b) of subsection (1) are presented by the applicant or have arisen as part of a subsequent application, the application shall be further examined on its merits, unless the application is considered to be inadmissible on the basis of another ground provided for in section 157 (3). |