12 Amendments of Sophia IN 'T VELD related to 2009/0165(COD)
Amendment 57 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Member States are obliged to fully respect the principle of non-refoulement and the right to asylum, which includes access to an asylum procedure for any person who wishes to claim asylum and who is in their jurisdiction, including those under the effective control of an EU or Member State body.
Amendment 61 #
Proposal for a directive
Recital 18
Recital 18
(18) In the interests of a correct recognition of those persons in need of protection as refugees within the meaning of Article 1 of the Geneva Convention or as persons eligible for subsidiary protection, every applicant should have an effective access to procedures, the opportunity to cooperate and properly communicate with the competent authorities so as to present the relevant facts of his/her case and sufficient procedural guarantees to pursue his/her case throughout all stages of the procedure. Moreover, the procedure in which an application for international protection is examined should normally provide an applicant at least with the right to stay pending a final decision by the determining authority, including in cases where an applicant lodges an appeal, and for so long as a competent court or tribunal so authorises, access to the services of an interpreter for submitting his/her case if interviewed by the authorities, the opportunity to communicate with a representative of the United Nations High Commissioner for Refugees (UNHCR) and with organizations providing advice or counselling to applicants for international protection , the right to appropriate notification of a decision, a motivation of that decision in fact and in law, the opportunity to consult a legal adviser or other counsellor, and the right to be informed of his/her legal position at decisive moments in the course of the procedure, in a language he/she can reasonably be supposed to understand and, in the case of a negative decision, the right to an effective remedy before a court or tribunal.
Amendment 82 #
Proposal for a directive
Article 2 – point d
Article 2 – point d
(d) ‘applicant with special needs’ means an applicant who due to age, gender, sexual orientation, gender identity, disability, mental health problems or consequences of torture, rape or other serious forms of psychological, physical or sexual violence is in need of special guarantees in order to benefit from the rights and comply with the obligations in accordance with this Directive;
Amendment 86 #
Proposal for a directive
Article 2 – point p b (new)
Article 2 – point p b (new)
(pb) "new facts and circumstances" means facts supporting the essence of the claim, which could contribute to a revision of an earlier decision.
Amendment 87 #
Proposal for a directive
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(aa) applicants with special needs, as defined in Article 2(d);
Amendment 100 #
Proposal for a directive
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
3. Member States shall ensure that organizations providing legal advice and representation and counselling to applicants for international protection have access to the border crossing points, including transit zones, and detention facilities subject to an agreement with the competent authorities of the Member State.
Amendment 104 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Applicants shall be allowed to remain in the Member State, for the sole purpose of the procedure, until the determining authority has made a final decision, in accordance with the procedures at first instance secluding in cases where an applicant lodges an appeal, and for as long as a competent court in Chapter IIIor tribunal so authorises. This right to remain shall not constitute an entitlement to a residence permit.
Amendment 109 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. A Member State may extradite an applicant to a third country pursuant to paragraph 2 only where the competent authorities are satisfied that an extradition decision will not result in direct or indirect refoulement in violation of international obligations of the Member State.
Amendment 117 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
2. Member States shall also ensure that, where an application is rejected with regard to refugee status and/or subsidiary protection status, the reasons in fact and in law are clearly stated in the decision and information on how to challenge a negative decision is given in writing at the time of issuing the decision.
Amendment 120 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Paragraph 3 shall not apply to cases where disclosure of particular circumstances of a person to members of his/her family can jeopardize the interests of that person, including cases involving gender, sexual orientation, gender identity, and/or age based persecution. In such cases, a separate decision shall be issued to the person concerned.
Amendment 139 #
Proposal for a directive
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) ensure that the person who conducts the interview is competent to take account of the personal or general circumstances surrounding the application, including the applicant's cultural origin, gender, sexual orientation, gender identity, or vulnerability;
Amendment 257 #
Proposal for a directive
Article 35 – paragraph 6
Article 35 – paragraph 6