Article 35 — The concept of first country of asylum

A country can be considered to be a first country of asylum for a particular applicant if:

1. he or she has been recognised in that country as a refugee and he or she can still avail himself/herself of that protection; or
2. he or she otherwise enjoys sufficient protection in that country, including benefiting from the principle of non-refoulement,

provided that he or she will be readmitted to that country.

In applying the concept of first country of asylum to the particular circumstances of an applicant, Member States may take into account Article 38(1). The applicant shall be allowed to challenge the application of the first country of asylum concept to his or her particular circumstances.