Can a person with fraudulent documents or without documents at all also apply for international protection?

Pages14-14
14
11 Can a person with
fraudulent documents
or without documents
at all also apply
for international
protection?
Yes. Everybody has the right to apply for
international protection regardless of whether
he/she entered the Member State or is present
on its territory illegally, using false or fraudulent
documents or without any documentation at all.
Most persons in need of international protection
are confronted with life-threatening situations of
violence, which rarely give them the opportunity to
gather the requisite documentation to be granted
access to the EU through legal channels.
In accordance with the Geneva Convention and the
Schengen Border Code, applicants for international
protection cannot be penalised on account of their
illegal entry or presence, provided they present
themselves without delay to the authorities. Even
during the investigation of false and fraudulent
documents, the person may apply for international
protection. In this case, the police investigation
shall be stopped and the asylum procedure shall be
initiated.
See Section Who may wish to make an
application?” of the Practical Guide.

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