Cap. 420 Art. 7ASubsequent application after final decision.

(1) A person who has applied for international protection may make a subsequent application after a final decision to the the

International Protection Agency:

Provided that such application shall only be considered on the presentation of new elements or findings, relating to the examination of whether the person making the subsequent application qualifies as a beneficiary of international protection, and of which the applicant could not have been aware or which he could not have submitted.

(2) The person submitting a subsequent application shall indicate facts and provide evidence which justify this procedure.

(3) The examination may be conducted on the sole basis of written submissions and the person making the subsequent application is to be informed of the outcome of the examination and of his right for an appeal.

(4) For the purpose of taking a decision on the admissibility of an application pursuant to article 24, a subsequent application shall be subject to a preliminary examination as to whether new elements or findings have arisen or have been presented since the lodging of the first application.

(5) If the preliminary examination referred to in sub-article (4) concludes that new elements or findings have arisen or have been presented by the applicant which significantly add to the likelihood of the applicant qualifying as a beneficiary of international protection, a further examination of the application shall be carried out: Provided that an application shall only be further examined if the applicant concerned was, through no fault of his own, incapable of concluding that new elements or findings have arisen.

(6) When a subsequent application is not further examined pursuant to this article, it shall be considered inadmissible, in accordance with article 24(1)(d).

(7) The procedure referred to in this article may also be applicable in the case of:

(a) a dependent who lodges an application after he has, in accordance with article 24(1)(g), consented to have his case be part of an application lodged on his behalf;

(b) an unmarried minor who lodges an application after an application has been lodged on his behalf.

(8) For the purpose of this article, the International Protection Agency shall ensure that:

(a) the preliminary examination referred to in this article will consist of examining whether there are facts relating to the dependent’s or the unmarried minor’s situation which justify a separate application;

(b) that the applicant whose subsequent application is subject to a preliminary examination enjoys the guarantees provided for in regulation 4 of the Procedural Standards in Examining Applications for

International Protection Regulations;

(c) that the applicant is informed in an appropriate manner of the outcome of the preliminary examination and, if the application is not to be further examined, of the reasons why and the possibilities for seeking an appeal or review of the decision.

(9) The preliminary examination may be conducted on the sole basis of written submissions and the person making the subsequent application is to be informed of the outcome of the preliminary examination.

(10) Where a person in whose regard a transfer decision has to be enforced pursuant to Regulation (EU) No. 604/2013 makes further representations or a subsequent application in the transferring Member State, those representations or subsequent applications shall be examined by the responsible Member State in accordance with the provisions of this Regulation, this Act and its subsidiary legislation.