Outside the country of origin

Outside the country of origin’ is a purely physical criterion of non-presence.

Directive 2013/32/EU on common procedures for granting and withdrawing international protection (asylum procedures directive — APD) further specifies that its provisions apply to applications for international protection made in the territory, including at the border, in the territorial waters or in the transit zones of the Member States.

This entails that a person who applies for protection at a foreign embassy whilst still in their country of origin, for example, would not fall within the territorial scope of the QD and the APD.

 
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