Author
The legislation foresees that a person whose application for recognition as a refugee or a person in need of complementary protection has been refused to lodge may reapply if new circumstances as established by law arise.[1] The 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 has 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 their 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.
However, it should be recalled that asylum applicants only access reception centres if their application proceeds to the preliminary examination stage (see Reception Conditions), and one ground for the SMS to deny registration and lodging of an asylum application is the fact that the applicant has previously been denied refugee status or the status of a person in need of complementary protection. Persons lodging a subsequent application do not have access to reception facilities unless the SMS decides to register their application.
[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.