BETA

19 Amendments of Cécile Kashetu KYENGE related to 2016/0224(COD)

Amendment 518 #
Proposal for a regulation
Article 4 – paragraph 2 – point i
(i) 'subsequent application' means a further application for international protection made in any Member State after a final decision has been taken on a previous application including cases where the application has been rejected as explicitly withdrawn or as abandoned following its implicit withdrawal;
2017/06/26
Committee: LIBE
Amendment 549 #
Proposal for a regulation
Article 5 – paragraph 4 – point a
(a) the authorities of another Member State who have been entrusted by that Member State with the task of receiving, registering or examining applications for international protection;deleted
2017/06/26
Committee: LIBE
Amendment 589 #
Proposal for a regulation
Article 7 – paragraph 4
4. The applicant shall inform the determining authority of the Member State in which he or she is required to be present of his or her place of residence or address or a telephone number or e-mail address where he or she may be reached by the determining authority or other responsible authorities. He or she shall notify that determining authority of any changes. The applicant shall accept any communication at the most recent place of residence or address which he or she indicated accordingly, in particular when he or she lodges an application in accordance with Article 28.
2017/06/26
Committee: LIBE
Amendment 605 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – introductory part
The determining authority shall inform applicants, in a language which they understand or are reasonably meant to understand and in a concise, transparent, intelligible and easily accessible form, using clear and plain language, of the following:
2017/06/26
Committee: LIBE
Amendment 610 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) the right to legal assistance for the lodging of the individual application, including the possibility of free legal assistance in accordance with Article 15;
2017/06/26
Committee: LIBE
Amendment 616 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point e
(e) the time-frame of the procedureany time-limits which they are required to respect and the time-limits which the responsible authorities are required to respect;
2017/06/26
Committee: LIBE
Amendment 617 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point f
(f) the means at their disposal for fulfilling the obligation to submit the elements as referred to in Article 4 of Regulation (EU) No XXX/XXX (Qualification Regulation) including the right to free legal assistance and representation;
2017/06/26
Committee: LIBE
Amendment 642 #
Proposal for a regulation
Article 8 – paragraph 6
6. The determining authority shall give applicants notice win writhin a reasonable timeg within seven days of the decision taken on their application. Where a guardian, legal adviser or other counsellor is legally representing the applicant, the determining authority mayshall give notice of the decision to him or her instead ofas well as to the applicant.
2017/06/26
Committee: LIBE
Amendment 750 #
Proposal for a regulation
Article 15 – paragraph 2 – point –a (new)
(-a) assistance in preparing and lodging the application in accordance with Article 28;
2017/06/26
Committee: LIBE
Amendment 819 #
Proposal for a regulation
Article 20 – paragraph 1
1. The process of identifying applicants with special procedural needs shall be initiated by authorities responsible for receiving and registering applications as soon as an application is made and shall be continued by the determining authority once the application is lodged. The assessment shall in any event be initiated no later than 15 days after an application is made and shall be completed within 30 days.
2017/06/26
Committee: LIBE
Amendment 829 #
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1
Where there are indications that applicants may have been victim of torture, rape or of another serious form of psychological, physical, sexual or gender-based violence and that this could adversely affect their ability to participate effectively in the procedure, the determining authority shall refer the applicants to a doctor or a psychologist for further assessment of their psychological and physical state. In such cases, the doctor or psychologist shall be trained in carrying out such assessments and be supported by a qualified interpreter.
2017/06/26
Committee: LIBE
Amendment 986 #
Proposal for a regulation
Article 29 – paragraph 4 – subparagraph 1
The document referred to in paragraph 2 shall be valid for a period of six months whichand shall be renewed accordingly toutomatically where no final decision has yet been reached on the application for international protection, ensureing that the validity of that document covers the period during which the applicant has a right to remain on the territory of the Member State responsible.
2017/06/26
Committee: LIBE
Amendment 1148 #
Proposal for a regulation
Article 36 – paragraph 1 – point a
(a) a country which is not a Member State is considered to be a first country of asylum for the applicant pursuant to Article 44, unless it is clear that the applicant will not be admitted or readmitted to that country;deleted
2017/06/26
Committee: LIBE
Amendment 1150 #
Proposal for a regulation
Article 36 – paragraph 1 – point b
(b) a country which is not a Member State is considered to be a safe third country for the applicant pursuant to Article 45, unless it is clear that the applicant will not be admitted or readmitted to that country;deleted
2017/06/26
Committee: LIBE
Amendment 1152 #
Proposal for a regulation
Article 36 – paragraph 1 – point c
(c) the application is a subsequent application, where no new relevant elements or findings relating to the examination of whether the applicant qualifies as a beneficiary of international protection in accordance with Regulation (EU) No XXX/XXX (Qualification Regulation) or relating to the inadmissibility ground previously applied, have arisen or have been presented by the applicant;deleted
2017/06/26
Committee: LIBE
Amendment 1156 #
Proposal for a regulation
Article 36 – paragraph 2
2. An application shall not be examined on its merits in the cases where an application is not examined in accordance with Regulation (EU) No XXX/XXX (Dublin Regulation), including when another Member State has granted international protection to the applicant, or where an application is rejected as inadmissible in accordance with paragraph 1.deleted
2017/06/26
Committee: LIBE
Amendment 1163 #
Proposal for a regulation
Article 36 – paragraph 4
4. Where after examining an application in accordance with Article 3(3)(a) of Regulation (EU) No XXX/XXX (Dublin Regulation), the first Member State in which the application is lodged considers it to be admissible, the provision of paragraph 1(a) and (b) need not be applied again by the Member State responsible.deleted
2017/06/26
Committee: LIBE
Amendment 1164 #
Proposal for a regulation
Article 36 – paragraph 5
5. Where the determining authority prima facie considers that an application may be rejected as manifestly unfounded, it shall not be obliged to pronounce itself on the admissibility of the application.deleted
2017/06/26
Committee: LIBE
Amendment 1294 #
Proposal for a regulation
Article 41 – paragraph 5
5. The border procedure may be applied to unaccompanied minors, in accordance with Articles 8 to 11 of Directive (EU) No XXX/XXX (Reception Conditions Directive) only where: (a) the applicant comes from a third country considered to be a safe country of origin in accordance with the conditions set out in Article 47; (b) the applicant may for serious reasons be considered to be a danger to the national security or public order of the Member State, or the applicant has been forcibly expelled for serious reasons of public security or public order under national law; (c) there are reasonable grounds to consider that a third country is a safe third country for the applicant in accordance with the conditions of Article 45; (d) the applicant has misled the authorities by presenting false information or documents or by withholding relevant information or documents with respect to his or her identity or nationality that could have had a negative impact on the decision. Point (d) shall only be applied where there are serious grounds for considering that the applicant is attempting to conceal relevant elements which would likely lead to a decision refusing to grant international protection and provided that the applicant has been given an effective opportunity to provide substantiated justifications for his actions.deleted
2017/06/26
Committee: LIBE