Author
The legislation foresees that a person who has been denied the processing of documents for recognition as a refugee or a person in need of complementary protection may reapply if the new circumstances established by law arise.[1] The respectful circumstances listed in the definitions of “refugee” and “person in need of complementary protection” are provided in the Law on Refugees.[2]
The Supreme Court indicated that the concept of “new circumstances” may be applied only if the applicant, in the course of the previous procedure, was unable to substantiate the facts specified in Article 1(1,13) of the Law on Refugees through no fault of his own.[3]
The law does not lay down any time limits for lodging a subsequent application or any limitations on how many times a person can lodge a subsequent application. The subsequent application under Ukrainian legislation does not differ from the regular procedure as described in Regular procedure. The person follows the same rules and timeframes and has access to legal assistance and the right to appeal.
[1] Article 17 Law on Refugees.
[2] Article 1(1,13) Law on Refugees.
[3] Supreme Court, case no. 820/5430/17, 15 March 2019, available in Ukrainian here.