S.L. 420.7 Art. 5Access to the procedure.

(1) A person who wishes to apply for international protection shall make an application to the International Protection Agency, or to any authority likely to receive such applications. For the purpose of this regulation, when a person indicates that he wishes to make an application for international protection to an authority likely to receive such applications, then that authority shall inform the International Protection Agency of the applicant’s intention to apply for international protection and refer such applicant to the International Protection Agency.

(2) The International Protection Agency shall register the making of an application for international protection within three working days:

Provided that, when an application for international protection is made to other authorities likely to receive such applications, the International Protection Agency shall register such applications within six working days: Provided further that, when simultaneous applications for international protection by a large number of persons make it very difficult in practice to respect the three day limit, the International Protection Agency may provide for that time limit to be extended to ten working days.

(3) An application for international protection shall be deemed to have been lodged once the prescribed form has reached the International Protection Agency. Such application shall be lodged in person and, or at a designated place. For the purpose of this regulation, the International Protection Agency shall ensure that the applicant has an effective opportunity to lodge the application as soon as possible.

(4) When an application for international protection is made to an authority other than the International Protection Agency, then the applicant is to be advised and assisted on how and where he may lodge such application: Provided that with regard to an unaccompanied minor, the appointed representative referred to in regulation 18 has the right to lodge an application for international protection on behalf of the unaccompanied minor, if on the basis of an individual assessment of the minor’s personal situation, the appointed representative is of the opinion that the minor may be in need of protection.

(5) An applicant for international protection shall file his application in his own name, and where applicable, that of his dependants:

Provided that where a person lodged an application for international protection on behalf of his dependants, the International Protection Agency shall ensure that each dependant adult consents to the lodging of the application on his behalf, failing which he shall be given the opportunity to make an application on his own behalf.

(6) For the purpose of this regulation, consent shall be requested at the time the application is lodged or, at the latest, when the personal interview with the dependant adult is conducted. Each dependant adult shall be informed in private of the relevant procedural consequences of the lodging of the application on his behalf and of his right to make a separate application for international protection.

(7) A minor has the right to make an application for international protection either on his own behalf if he has legal capacity, or through his parents or other adult family members, or an adult responsible for him in accordance with national law, or through a representative.