Uitspraak
RECHTBANK DEN HAAG
[de man] ,
de staatssecretaris van Veiligheid en Justitie, verweerder
Procesverloop
Overwegingen
therelodges an application for international protection after withdrawing his or her first application made in a different Member State during the process of determining the Member State responsible shall be taken back, under the conditions laid down in Articles 23, 24, 25 and 29, by the Member State with which that application for international protection was first lodged, with a view to completing the process of determining the Member State responsible.”
Measures Applied in pespect of Aliens Seeking International Protection (New, SG No. 80/2015, in force from 16.10.2015)
(2) The procedure under this Section shall be initiated upon:
(…)
3. A request for taking charge or taking back in respect of an alien.
(3) (Amended, SG N0. 80/2015, in force from 16.10.2015) A procedure under this Section shall not be initiated and shall not be conducted in cases of a subsequent application for granting international protection on the territory of the Republic of Bulgaria.
(…)
Art. 67e (…)
(2) Where in the cases under Article 67a, paragraph 2, subparagraph 3 it is established that the Republic of Bulgaria is the responsible State for examining an application, the decision-making authority shall initiate a procedure for granting international protection in the Republic of Bulgaria and the rules of sections II, III and IV of this Chapter shall apply.
(3) Where a reques has been received for taking back of an alien whose application has already been examined on the merits, the decision-making authority shall terminate the procdure under this Section. (…)”