Zimir (Border controls, asylum and immigration - Asylum policy - Use by the national authority of its power to extend the examination period of six months by a period not exceeding a further nine months - Opinion)

(Request for a preliminary ruling from the Raad van State (Council of State, Netherlands))

The reference was made in proceedings between the Staatssecretaris van Justitie en Veiligheid (State Secretary for Justice and Security, Netherlands; 'the State Secretary') and X, a third-country national, concerning the failure by that authority to take a decision on the application for a temporary asylum residence permit within the six-month period.

The referring court wishes to know how the wording 'a large number of third-country nationals or stateless persons simultaneously apply for international protection' within the meaning of point (b) of the third subparagraph of Article 31(3) of the Procedures Directive is to be interpreted, how it relates to the wording 'making it very difficult in practice to conclude the procedure within the six-month time limit' also contained therein, and whether any other circumstances may be taken into account in its assessment.

'It is in the interests of both Member States and applicants for international protection that a decision is made as soon as possible on applications for international protection, without prejudice to an adequate and complete examination being carried out.'

Article 4 of the Procedures Directive, headed 'Responsible authorities', provides in paragraph 1: