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Council Directive 2005/85/EC (repealed)Show full title

Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (repealed)

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Article 6Access to the procedure

1.Member States may require that applications for asylum be made in person and/or at a designated place.

2.Member States shall ensure that each adult having legal capacity has the right to make an application for asylum on his/her own behalf.

3.Member States may provide that an application may be made by an applicant on behalf of his/her dependants. In such cases Member States shall ensure that dependant adults consent to the lodging of the application on their behalf, failing which they shall have an opportunity to make an application on their own behalf.

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.

4.Member States may determine in national legislation:

(a)the cases in which a minor can make an application on his/her own behalf;

(b)the cases in which the application of an unaccompanied minor has to be lodged by a representative as provided for in Article 17(1)(a);

(c)the cases in which the lodging of an application for asylum is deemed to constitute also the lodging of an application for asylum for any unmarried minor.

5.Member States shall ensure that authorities likely to be addressed by someone who wishes to make an application for asylum are able to advise that person how and where he/she may make such an application and/or may require these authorities to forward the application to the competent authority.

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