The fact that an unaccompanied minor has refused to undergo a medical examination does not prevent the Minister from deciding on the application for international protection. Art. 21. (1)Taking into account the best interests of the child, an unaccompanied minor shall be subject to an accelerated procedure in accordance with Article 27 only (a) he/she originates from a country that fulfils the criteria to be considered as a safe country of origin within the meaning of Article 30; or (b) he or she has made a subsequent application for international protection which is not inadmissible under Article 32; or (c) there are serious reasons for considering that he or she constitutes a danger to national security or public order, or has been the subject of an enforced removal order on serious grounds of national security or public order.
(2)In considering whether an applicant has a well-founded fear of persecution or a real risk of serious harm, or has access to protection from persecution or serious harm in a part of the country of origin in accordance with subsection (1), the Minister shall, in determining the application, take into account the general conditions in that part of the country and the personal circumstances of the applicant in accordance with section 37. To this end, the Minister shall ensure that accurate and up-to-date information is obtained from relevant sources, such as the United Nations High Commissioner for Refugees and the European Asylum Support Office.
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(4)The applicant and, where appropriate, his or her lawyer shall have access to the information referred to in Article 10(3)(b) and to the information provided by the experts referred to in Article 10(3)(d), where the Minister has taken this information into account in reaching a decision on their application. Article 12. (1) The applicant shall be obliged to cooperate with the Minister in order to establish his identity and the other elements referred to in section 37(2). The applicant shall hand over his/her identity documents and any other documents relevant to the examination of the application for international protection as quickly as possible. These documents shall be kept at the office of the Minister against receipt. The documents are returned to the applicant if refugee status or subsidiary protection status is granted.
(2)Where a person who has applied for international protection makes further representations or submits a subsequent application, those further representations or the elements of the subsequent application shall be considered as part of the examination of the previous application by the Minister or, if the Minister’s decision is the subject of an appeal to a court of law for reversal, by the court to which the application is made. (3)The Minister shall conduct a preliminary examination of the new facts or evidence submitted by the applicant in order to decide on the admissibility of the application under section 28(2)(d).
Art. 29. A country may be considered as the first country of asylum for a particular applicant, if the applicant (a) has been recognised as a refugee in that country and can still avail himself/herself of this protection; or (b) otherwise enjoys sufficient protection in that country, including the benefit of the principle of non-refoulement, provided that he or she is readmitted to that country.
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(3) In determining whether an international organisation controls a State or a substantial part of its territory and whether it provides protection within the meaning of subsection (2), the Minister shall take into account any guidance provided by the relevant acts of the Council of the European Union. Article 41. (1)In assessing an application for international protection, the Minister may consider that an applicant is not in need of international protection if, in a part of the country of origin (a) they do not have a well-founded fear of persecution or a real risk of serious harm; or (b) they have access to protection from persecution or serious harm within the meaning of section 40 and can safely and lawfully travel to and obtain permission to enter that part of the country and can reasonably be expected to settle there.
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Articles 103, 111(3)(c), 112, 116, 117, 118 and 120 to 132 of the amended Act of 29 August 2008 on the free movement of persons and immigration shall apply. By way of exception to the above, no time limit shall be granted to an applicant who has already been served with a return decision pursuant to Article 111 of the aforementioned Act of 29 August 2008.
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(2)In considering an application for international protection, the Minister shall first determine whether the applicant qualifies for refugee status and, if not, whether the applicant qualifies for subsidiary protection. (3)The Minister shall ensure that decisions on applications for international protection are taken after an appropriate examination. To this end, the Minister shall ensure that: (a) applications are examined and decisions are taken individually, objectively and impartially (b) accurate and up-to-date information is obtained from various sources, such as the European Asylum Support Office (EASO) and the Office of the United Nations High Commissioner for Refugees (UNHCR), as well as from international organisations competent in the field of human rights, on the general situation in the applicants’ countries of origin and, where applicable, in the countries through which the applicants have transited, and that staff responsible for examining applications and taking decisions have access to this information (c) the officials responsible for examining applications and taking decisions are familiar with the applicable standards of asylum and refugee law (d) officers responsible for examining applications and making decisions have the opportunity to seek expert advice, where appropriate, on particular matters such as medical, cultural, religious, child-related or gender issues.
Art. 42. (1)The acts considered as persecution within the meaning of Article 1A of the Geneva Convention must: (a) be sufficiently serious in nature or repeated to constitute a serious violation of fundamental human rights, in particular of those rights from which no derogation is possible under Article 15(2) of the European Convention for the Protection of Human Rights and Fundamental Freedoms; or (b) be an accumulation of various measures, including violations of human rights, which is sufficiently serious to affect an individual in a manner comparable to that set out in (a). (2)Acts of persecution within the meaning of subsection (1) may take, inter alia, the following forms (a) physical or mental violence, including sexual violence; (b) legal, administrative, police and/or judicial measures which are discriminatory in themselves or implemented in a discriminatory manner (c) prosecution or punishment that is disproportionate or discriminatory (d) the denial of a judicial remedy resulting in a disproportionate or discriminatory sanction; e) prosecution or punishment for refusal to perform military service in the event of a conflict where military service would involve committing crimes or performing acts falling within the scope of the grounds for exclusion referred to in Article 45(2) (f) acts directed against persons on account of their sex or against children.
Art. 39. The actors of persecution or serious harm may be a) The State; b) parties or organisations that control the State or a significant part of its territory (c) non-state actors, if it can be demonstrated that the actors referred to in (a) and (b), including international organisations, are unable or unwilling to provide protection from persecution or serious harm. Art.
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40. (1) Protection from persecution or serious harm can only be granted by: a) the State, or (b) parties or organizations, including international organizations, which control the State or a substantial part of its territory, provided that they are willing and able to offer protection within the meaning of subsection (2). (2)Protection from persecution or serious harm must be effective and not temporary. Such protection is generally afforded where the actors referred to in paragraph (1) (a) and (b) take reasonable steps to prevent persecution or serious harm, inter alia, where they have an effective judicial system for detecting, prosecuting and punishing acts constituting persecution or serious harm, and where the applicant has access to such protection.
If refugee status and subsidiary protection status are refused, they are returned to the applicant when he is removed from the territory. As an exception to the above, travel and identity documents shall not be returned to beneficiaries of refugee status. (2) The applicant is obliged to respond personally to the Minister’s summonses. The Minister’s officials may record oral statements made by the applicant, provided that the applicant has been informed of this beforehand. The applicant may be subjected to a language test.
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