International Protection Act 2015

37.

Withdrawal of application at first instance

37.      (1) An applicant may, at any time before the preparation of the report under section 39 in relation to the application, withdraw his or her application by sending notice of withdrawal to the Minister.

(2) Where an application is withdrawn pursuant to subsection (1)

(a) any examination of the application shall be terminated,

(b) sections 39 and 40 and Part 6 shall not apply in respect of the application,

(c) the Minister shall, under section 47(5) , refuse both to give the person who made the application a refugee declaration and to give a subsidiary protection declaration, and

(d) the Minister, as soon as practicable, shall—

(i) send the person and his or her legal representative (if known) a notice confirming that the application is withdrawn, and

(ii) inform the High Commissioner of the fact that the application is withdrawn.