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1. Applicants shall have the right to remain on the territory of the Member State in which they are required to be present in accordance with Article 17(4) of Regulation (EU) 2024/1351 until the determining authority has taken a decision on the application in the administrative procedure provided for in Chapter III.

2. The right to remain shall not constitute an entitlement to a residence permit and it shall not give the applicant the right to travel to the territory of other Member States without a travel document as provided for in Article 6(3) of Directive (EU) 2024/1346.

3. The applicant shall not have the right to remain on the territory of the Member State concerned during the administrative procedure where the person is subject to a surrender to another Member State pursuant to obligations in accordance with a European arrest warrant issued in accordance with Council Framework Decision 2002/584/JHA .

4. Member States may provide for an exception to the applicant’s right to remain on their territory during the administrative procedure where that applicant:

(a) makes a subsequent application in accordance with Article 55 and the conditions laid down in Article 56 have been fulfilled;

(b) is or will be extradited, surrendered or transferred to another Member State, a third country, the International Criminal Court or another international court or tribunal for the purpose of conducting a criminal prosecution or for the execution of a custodial sentence or a detention order;

(c) is a danger to public order or national security, without prejudice to Article 12 and 17 of the Regulation (EU) 2024/1347, provided that applying such an exception does not result in the applicant being removed to a third country in violation of the principle of non-refoulement.

5. A Member State may extradite, surrender or transfer an applicant to a third country or an international court or tribunal as referred to in paragraph 4, point (b), only where the competent authority considers that such a decision to extradite, surrender or transfer will not result in direct or indirect refoulement in breach of the obligations of that Member State under international and Union law.