This Expert Opinion addressed the interpretation of Article 31(3)(b) of the Asylum Procedures Directive by answering three questions referred for preliminary ruling by the Administrative Jurisdiction Division of the Council of State.
Question 1a concerns the manner in which ‘simultaneously’ submitted requests for international protection must be interpreted. The Opinion concludes that Article 31(3)(b) of the Asylum Procedures Directive precludes decision-making authority from making use of its power to extend the decision period from six to 15 months when there is a large number of requests for international protection submitted simultaneously, if the increase in the number of requests for international protection occurs gradually over a certain period, making it practically very difficult to complete the procedure within the six-month timeframe as a result.
Question 1b is about the criteria that should be used to assess whether there is a ‘large number’ of requests for international protection. The Opinion concludes that the absolute number of applications for international protection and the ability of such a number to impose an unforeseen burden on the usual operations of the decision making body are relevant criteria to do so.
The second question concerns whether a limitation in time applies to the period during which an increase in the number of requests for international protection must occur in order to still fall within the scope of Article 31(3)(b). The Opinion concludes that to safeguard legal certainty for applicants while upholding the Directive’s objectives, a defined time limit for the period during which an increase in the number of requests for international protection must occur is necessary. This period should last as long as it continues to be very difficult for the decision-making authority to complete the procedure within the six-month time limit.
The third question considered whether circumstances that cannot be traced back to the increase in the number of applications for international protection, could be taken into account in determining if the procedure can be done within six months. The Opinion concludes in this regard that in determining if the examination procedure can be done within six months, factors not related to the increase in the number of asylum requests cannot be taken into account.
The complete expert opinion can be accessed here.