What is a subsequent application?
An application submitted after a final rejection of your initial application or after the withdrawal of your previous application is called a subsequent application.
When can I submit a subsequent application?
You can submit a subsequent application:
- When new and substantial elements have arisen after examining your initial application or if there are elements that existed before but could not be invoked by you during the assessment of your previous asylum application.
- If a decision to stop the examination of your application has been issued and you missed the 9-month deadline to request the continuation of its examination. The Asylum Service issues a decision of discontinuation when it considers that you are not interested in the continuation of the review of your application and closes your file in the following cases: a) if you refuse to give information, b) if you miss your interview, c) if you escape from your place of detention, d) if you do not comply with the obligations the Police imposed on you instead of detention, e) if you leave the camp without informing, f) if you leave the country without asking permission from the Asylum Service, g) if you do not inform the Asylum Service for any changes in your contact information, i) if you refuse to provide the documents requested, j) if you do not renew your applicant card on time (the latest on the working day following its expiry date), k) if you do not cooperate with the Authorities, l) if you do not comply with a transfer decision.
- After the first decision on the asylum application was issued and you missed the deadline to appeal against it,
- After the Appeals Authority's decision is issued and the asylum application is rejected, you can also apply for the annulment of the decision of the Appeal Authority. If you do not wish to take your case to court, if you missed the deadline for submitting an application for annulment, or if your application for annulment has been rejected, you can also submit a subsequent application.
You will not receive an asylum card upon submitting your subsequent application. Instead, you will be given a receipt that proves that you have filed such an application, and you will be protected from deportation until the admissibility of your application is examined. To consider whether your application is admissible, the Asylum Service will examine the new evidence you provided and will decide whether they are of importance regarding your asylum claim.
Below, you can find some examples of new and substantial elements:
- New facts that occurred after the final decision. These new facts might be related to changes in your country of origin (e.g. change of government) or your personal situation (e.g. political and religious views, way of life, family status).
- Elements that existed before, during the previous procedure, but were not brought to the attention of the asylum service. This might happen when, for objective (e.g. you could not have access to documents proving your allegations) or subjective reasons (e.g. age, mental health issues, fear, etc), you could not share these elements. This might also be the case when you did not know that something that has happened to you could constitute a reason to be granted refugee status. You have to explain the reasons that prevented you from sharing all the reasons why you are afraid to go back to your country of origin. It is helpful if you have documents (e.g., social report, mental health certificate, etc.) verifying what you are saying.
- If the Asylum Service considers the evidence you provided new and substantial, your application will be found admissible, you will receive an asylum card, and you will be called for an eligibility interview to explain in detail why you fled and why you are afraid to return to your country of origin.
What happens if the Asylum Service rejects my subsequent application?
If the Asylum Service rejects your subsequent application, you may submit an appeal before the Appeals Authority within five (5) days. The deadline will be mentioned in the decision you receive. You can have legal support to submit an appeal for free if you ask it from the Asylum Service. You can apply online here. If you submit a second subsequent application, you are not automatically protected from being deported/returned during the examination stage of your application.
For every second and every subsequent application, you must submit a fee of 100€ issued through the electronic fee procedure (e-Administrative fee), along with your application. In the case of families, an equal fee is required for each member.
It is strongly advised to consult a lawyer before submitting a subsequent application, as the authorities will examine if you have provided new elements compared to your initial application. A lawyer will be able to get copies of the file of your first asylum application to advise you in a personalized way and help you build a strong case. You don't have the right to receive free legal aid from the state at this stage, but some organizations provide legal support for free.