Commission Implementing Regulation (EU) No 118/2014 of 30 January 2014 amending Regulation (EC) No 1560/2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
| 8.2.2014 | EN | Official Journal of the European Union | L 39/1 |
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person 1, and in particular Articles 4(3), 6(5), 8(6), 16(4), 21(3), 22(3), 23(4) and 24(5), Article 29(1) and (4), Article 31(4), Article 32(1) and (5), and Article 35(4) thereof,
Whereas:
- (1) By Commission Regulation (EC) No 1560/2003 2 a number of specific arrangements needed for the application of Council Regulation (EC) No 343/2003 3 were adopted.
- (2) In June 2013 a Regulation (EU) No 604/2013 was adopted, recasting Regulation (EC) No 343/2003. A number of further specific arrangements should be established for the effective application of Regulation (EU) No 604/2013.
- (3) In order to increase the efficiency of the system and improve the cooperation between national authorities, the rules regarding the transmission and processing of requests for the purpose of taking charge and taking back, the requests for information, the cooperation on reuniting family members and other relatives in the case of unaccompanied minors and dependent persons, as well as carrying out of transfers, need to be amended.
- (4) A common leaflet on Dublin/Eurodac, as well as a specific leaflet for unaccompanied minors, a standard form for the exchange of relevant information on unaccompanied minors, uniform conditions for the consultation and exchange of information on minors and dependent persons, a standard form for the exchange of data before a transfer; a common health certificate, of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, are not provided for in Regulation (EC) No 1560/2003. Consequently, new provisions should be added.
- (5) Regulation (EU) No 603/2013 of the European Parliament and of the Council 4 replaces Council Regulation (EC) No 2725/2000 5 and introduces changes to the Eurodac system. Therefore, Regulation (EC) No 1560/2003 should be adapted in order to properly reflect the interaction between the procedures laid down in Regulation (EU) No 604/2013 and the application of Regulation (EU) No 603/2013.
- (6) Regulation (EC) No 767/2008 of the European Parliament and of the Council 6 provides for rules on the facilitation of application of Regulation (EU) No 604/2013. Consequently, the uniform conditions for preparation and submission of requests to take charge of applicants should be amended to include rules on the use of Visa Information System data.
- (7) Technical adaptations are necessary in order to respond to the evolution of the standards applicable and the practical arrangements for using the electronic transmission network set up by Regulation (EC) No 1560/2003 to facilitate the implementation of Regulation (EU) No 604/2013.
- (8) Directive 95/46/EC of the European Parliament and of the Council 7 should apply to processing carried out pursuant to this Regulation.
- (9) Regulation (EU) No 604/2013 applies to applications for international protection lodged as from 1 January 2014. It is therefore necessary that this Regulation enters into force as soon as possible to enable Regulation (EU) No 604/2013 to be fully applied.
- (10) The measures provided for in this Regulation are in accordance with the opinion of the Committee set up by Article 44(2) of Regulation (EU) No 604/2013.
- (11) Therefore, Regulation (EC) No 1560/2003 should be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EC) No 1560/2003
Regulation (EC) No 1560/2003 is amended as follows:
- (1) in Article 1, the following paragraph is inserted:
‘2a. Where the request is based on a positive result (hit) transmitted by the Visa Information System (VIS) in accordance with Article 21 of Regulation (EC) No 767/2008 of the European Parliament and of the Council[^ntr*1-L_2014039EN.01000101-E0008] after comparison of the fingerprints of the applicant for international protection with fingerprint data previously taken and sent to the VIS in accordance with Article 9 of that Regulation and checked in accordance with Article 21 of that Regulation, it shall also include the data supplied by the VIS.
[^ntr*1-L_2014039EN.01000101-E0008]: Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).’;"
- (2) Article 2 is replaced by the following:
‘Article 2
Preparation of requests for taking back
Requests for taking back shall be made on a standard form in accordance with the model in Annex III, setting out the nature of the request, the reasons for it and the provisions of Regulation (EU) No 604/2013 of the European Parliament and of the Council[^ntr*2-L_2014039EN.01000101-E0009] on which it is based.
The request shall also include, as applicable:
- (a) a copy of all the proof and circumstantial evidence showing that the requested Member State is responsible for examining the application for international protection, accompanied, where appropriate, by comments on the circumstances in which it was obtained and the probative value attached to it by the requesting Member State, with reference to the lists of proof and circumstantial evidence referred to in Article 22(3) of Regulation (EU) No 604/2013, which are set out in Annex II to this Regulation;
- (b) the positive result (hit) transmitted by the Eurodac Central Unit, in accordance with Article 4(5) of Regulation (EC) No 2725/2000, after comparison of the applicant’s fingerprints with fingerprint data previously taken and sent to the Central Unit in accordance with Article 4(1) and (2) of that Regulation and checked in accordance with Article 4(6) of that Regulation.
[^ntr*2-L_2014039EN.01000101-E0009]: Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).’;"
- (3) in Article 8, a new paragraph is added:
‘3. The standard form set out in Annex VI shall be used for the purpose of transmitting to the responsible Member State the data essential to safeguard the rights and immediate needs of the person to be transferred. This standard form shall be considered a notice in the meaning of paragraph 2.’;
- (4) in Article 9, a new paragraph is inserted:
‘1a. Where a transfer has been delayed at the request of the transferring Member State, the transferring and the responsible Member States must resume communication in order to allow for a new transfer to be organised as soon as possible, in accordance with Article 8, and no later than two weeks from the moment the authorities become aware of the cessation of the circumstances that caused the delay or postponement. In such a case, an updated standard form for the transfer of the data before a transfer is carried out as set out in Annex VI shall be sent prior to the transfer.’;
- (5) in Article 9, paragraph 2 is replaced by the following:
‘2. A Member State which, for one of the reasons set out in Article 29(2) of Regulation (EU) No 604/2013, cannot carry out the transfer within the normal time limit of six months from the date of acceptance of the request to take charge or take back the person concerned or of the final decision on an appeal or review where there is a suspensive effect, shall inform the Member State responsible before the end of that time limit. Otherwise, the responsibility for processing the application for international protection and the other obligations under Regulation (EU) No 604/2013 falls to the requesting Member State, in accordance with Article 29(2) of that Regulation.’;
- (6) in Article 11, a new paragraph is added:
‘6. Where the applicant is present on the territory of Member State other than the one where the child, sibling or parent as referred to in Article 16(1) of Regulation (EU) No 604/2013 are present, the two Member States shall consult each other and exchange information in order to establish:
- (a) the proven family links between the applicant and the child, sibling or parent;
- (b) the dependency link between the applicant and the child, sibling or parent;
- (c) the capacity of the person concerned to take care of the dependent person;
- (d) where necessary, the elements to be taken into account in order to assess the inability to travel for a significant period of time.
In order to carry out the exchange of information referred to in the first subparagraph, the standard form set out in Annex VII to this Regulation shall be used.
The requested Member State shall endeavour to reply within four weeks from the receipt of the request. Where compelling evidence indicates that further investigations would lead to more relevant information, the requested Member State shall inform the requesting Member State that two additional weeks are needed.
The request for information pursuant to this Article shall be carried out ensuring full compliance with the deadlines presented in Articles 21(1), 22(1), 23(2), 24(2) and 25(1) of Regulation (EU) No 604/2013. This obligation is without prejudice to Article 34(5) of Regulation (EU) No 604/2013.’;
- (7) in Article 12, the following paragraphs are added:
‘3. With a view to facilitating the appropriate action to identify the family members, siblings or relatives of an unaccompanied minor, the Member State with which an application for international protection was lodged by an unaccompanied minor shall, after holding the personal interview pursuant to Article 5 of Regulation (EU) No 604/2013 in the presence of the representative referred to in Article 6(2) of that Regulation, search for and/or take into account any information provided by the minor or coming from any other credible source familiar with the personal situation or the route followed by the minor or a member of his or her family, sibling or relative.
The authorities carrying out the process of establishing the Member State responsible for examining the application of an unaccompanied minor shall involve the representative referred to in Article 6(2) of Regulation (EU) No 604/2013 in this process to the greatest extent possible.
- Where in the application of the obligations resulting from Article 8 of Regulation (EU) No 604/2013, the Member State carrying out the process of establishing the Member State responsible for examining the application of an unaccompanied minor is in possession of information that makes it possible to start identifying and/or locating a member of the family, sibling or relative, that Member State shall consult other Member States, as appropriate, and exchange information, in order to:
- (a) identify family members, siblings or relatives of the unaccompanied minor, present on the territory of the Member States;
- (b) establish the existence of proven family links;
- (c) assess the capacity of a relative to take care of the unaccompanied minor, including where family members, siblings or relatives of the unaccompanied minor stay in more than one Member State.
- Where the exchange of information referred to in paragraph 4 indicates that more family members, siblings or relatives are present in another Member State or States, the Member State where the unaccompanied minor is present shall cooperate with the relevant Member State or States, to determine the most appropriate person to whom the minor is to be entrusted, and in particular to establish:
- (a) the strength of the family links between the minor and the different persons identified on the territories of the Member States;
- (b) the capacity and availability of the persons concerned to take care of the minor;
- (c) the best interests of the minor in each case.
- In order to carry out the exchange of information referred to in paragraph 4, the standard form set out in Annex VIII to this Regulation shall be used.
The requested Member State shall endeavour to reply within four weeks from the receipt of the request. Where compelling evidence indicates that further investigations would lead to more relevant information, the requested Member State will inform the requesting Member State that two additional weeks are needed.
The request for information pursuant to this Article shall be carried out ensuring full compliance with the deadlines presented in Articles 21(1), 22(1), 23(2), 24(2) and 25(1) of Regulation (EU) No 604/2013. This obligation is without prejudice to Article 34(5) of Regulation (EU) No 604/2013.’;
- (8) in Article 15(1), the first subparagraph is replaced by the following:
‘Requests, replies and all written correspondence between Member States concerning the application of Regulation (EU) No 604/2013 shall be sent through the “DubliNet” electronic communications network, set up under Title II of this Regulation.’;
- (9) a new Article 15a is inserted:
‘Article 15a
Uniform conditions and practical arrangements for exchanging health data before a transfer is carried out
The exchange of health data prior to a transfer and, in particular, the transmission of the health certificate set out in Annex IX shall only take place between the authorities notified to the Commission in accordance with Article 35 of Regulation (EU) No 604/2013 using the “DubliNet”.
The Member State carrying out the transfer of an applicant and the responsible Member State shall endeavour to agree prior to the transmission of the health certificate on the language to be used in order to complete that certificate, taking into account the circumstances of the case, in particular the need for any urgent action upon arrival.’;
- (10) a new Article 16a is inserted:
‘Article 16a
Information leaflets for applicants for international protection
- A common leaflet informing all applicants for international protection of the provisions of Regulation (EU) No 604/2013 and on the application of Regulation (EU) No 603/2013 is set out in Annex X.
- A specific leaflet for unaccompanied children applying for international protection is set out in Annex XI.
- Information for third-country nationals or stateless persons apprehended in connection with irregular crossing of an external border is set out in Annex XII.
- Information for third-country nationals or stateless persons found illegally staying in a Member State, are set out in Annex XIII.’;
- (11) in Article 18, paragraph 2 is deleted;
- (12) in Article 19, paragraph 4 is replaced by the following:
‘4. The forms of which the models are set out in Annexes I and III and the forms for the request of information set out in Annexes V, VI, VII, VIII and IX shall be sent between National Access Points in the format supplied by the Commission. The Commission shall inform the Member States of the technical standards required.’;
- (13) in Article 20, paragraph 1 is replaced by the following:
‘1. Each transmission shall have a reference number making it possible unambiguously to identify the case to which it relates and the Member State making the request. That number must also make it possible to determine whether the transmission relates to a request for taking charge (type 1), a request for taking back (type 2), a request for information (type 3), an exchange of information on the child, sibling or parent of an applicant in a situation of dependency (type 4), an exchange of information on the family, sibling or relative of an unaccompanied minor (type 5), the transmission of information prior to a transfer (type 6) or the transmission of the common health certificate (type 7).’;
- (14) in Article 20(2), the second subparagraph is replaced by the following:
‘If the request is based on data supplied by Eurodac, the Eurodac reference number of the requested Member State shall be included.’;
- (15) in Article 21, paragraph 3 is replaced by the following:
‘3. If a National Access Point has sent data to a National Access Point that has experienced an interruption in its operation, the log of transmission at the level of the central communication infrastructure shall be used as proof of the date and time of transmission. The deadlines set by Regulation (EU) No 604/2013 for sending a request or a reply shall not be suspended for the duration of the interruption of the operation of the National Access Point in question.’;
- (16) Annexes are replaced by the text set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 January 2014.
For the Commission
The President
José Manuel BARROSO
Commission Regulation (EC) No 1560/2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ L 222, 5.9.2003, p. 3).
Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ L 50, 25.2.2003, p. 1).
Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person and on requests for the comparison with Eurodac data by Member States’ law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (OJ L 180, 29.6.2013, p. 1).
Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention (OJ L 316, 15.12.2000, p. 1).
Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, p. 60).
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
ANNEX
‘ANNEX I
STANDARD FORM FOR DETERMINING THE MEMBER STATE (1) RESPONSIBLE FOR EXAMINING AN APPLICATION FOR INTERNATIONAL PROTECTION
Request for taking charge presented on the basis of the following Article of Regulation (EU) No 604/2013:
Article 8 (unaccompanied minor):
Article 9 (family member resident in the Member State as a beneficiary of international protection):
Article 10 (family member applying for international protection in a Member State):
Article 11 (keeping family groups together):
Article 12(1) or (3) (valid residence document):
Article 12(2) or (3) (valid visa):
VIS No (where applicable) …
Article 12(4) (residence document which expired less than two years previously or visa which expired less than six months previously):
Article 13(1) (illegal entry at external frontier less than 12 months ago):
Article 13(2) (residence of at least 5 months in the Member State):
Article 14(1) (visa requirement waived for entry):
Article 16 (keeping an applicant together with a dependent relative)
Article 17(2) (sovereignty clause or humanitarian grounds):
Eurodac data:
Eurodac No: …
Reply requested urgently:
No later than: …
Reason for urgency: Article 28 (detention)
Article 21(2) (other reasons)
File number
Personal particulars of applicant
- Surname (*)
Maiden name
- Forename(s)
- Does the applicant use/has he/she used other names?
What are/were they?
Yes
No
- Date of birth
- Place of birth
District/region
Country
- Nationality(ies)
(indicate all)
a) current
b) previous
c) none/stateless
- Sex
Male
Female
- Name of father
- Name of mother
Photo
(*) In block capitals.
- Marital status
Single
Married
Widowed
Divorced
Cohabitee
- Language(s) of origin
Personal particulars of family members
- Spouse:
Surname (*), maiden name, forename(s), sex, date of birth, place of birth, place of residence (if the spouse is seeking international protection a separate form should be completed; in this case include the reference number of the other member of the couple on all forms).
Reference number of spouse (if necessary): …
- Children:
Surname (*), forename(s), sex, date of birth, place of birth, place of residence (indicate all children; a separate form should be completed for children over 18 years of age if international protection is sought)
a) …
b) …
c) …
d) …
e) …
- Place and date of the application for international protection in the country of residence: …
Previous asylum procedures
- Has the applicant ever previously applied for international protection or recognition of refugee or subsidiary protection status in the country of residence or in another country?
Yes
No
When and where?
Was any decision taken on the application?
No
Don’t know
Yes, application rejected
When was the decision taken?
Identity papers
- National passport
Number
Issued on
By
Valid until
Yes
No
- Document replacing passport
Number
Issued on
By
Valid until
Yes
No
- Other document
Number
Issued on
By
Valid until
Yes
No
- In the absence of documents:
(specify whether they may have contained a valid visa or residence permit and, if so, indicate the issuing authority and date of issue as well as the period of validity)
Left without documents
Documents lost
Documents stolen
(When? where?
…)
Other reasons
(Please specify …)
Residence documents/visas
- Does the applicant possess a residence document/visa for the country of residence?
Yes
No
Type of document
Residence permit
Entry visa
Transit visa
Issued on
By
Valid until
- Does the applicant possess a residence document/visa for another EU Member State? (2)
Yes
No
Which State?
Type of document
Residence permit
Entry visa
Transit visa
Issued on
By
Valid until
Travel route
- Country in which the journey was begun
(country of origin or of provenance)
Route followed from country where journey was begun to point of entry into country in which international protection is requested
Dates and times of travel
Crossed border on
At the authorised crossing point
or
Avoided border controls (entered illegally)
Means of transport used
Public transport (what form? …)
Own vehicle
Other means (how? …)
- Did the applicant enter via another European Union Member State? (3)
Yes
No
Which was the first EU Member State entered?
Crossed border at authorised crossing point,
or
Avoided border controls at
When?
Residence in another EU Member State (4)
- Residence in another EU Member State or States after leaving country in which journey was begun (country of origin/provenance)
Yes
No
In which State or States?
From – to
Place/exact address
Residence was
Authorised
Unauthorised
Period of validity of residence permit
Purpose of residence
Particulars of family members living in EU Member States (5)
- a) Is any family member residing in a Member State?
Yes
No
Name of family member
Date of birth
Marital status
Single
Married
Widowed
Divorced
Relationship
spouse
father
mother
child
brother
sister
guardian
other (please specify)
Member State
Address in that State
Residence status
recognised beneficiary
resident
applicant
illegal
b) Do any of those concerned object to the examination of the application in that Member State?
Yes
No
Other useful information
(1) NB: The words ‘Member States’ include Iceland, Norway, Switzerland and Liechtenstein.
(2) Including Iceland, Norway, Switzerland and Liechtenstein.
(3) Including Iceland, Norway, Switzerland and Liechtenstein.
(4) Including Iceland, Norway, Switzerland and Liechtenstein.
(5) Including Iceland, Norway, Switzerland and Liechtenstein.
‘ANNEX II
(References are to articles of Regulation (EU) No 604/2013)
LIST A
MEANS OF PROOF
I. Process of determining the State responsible for examining an application for international protection
1. Presence of a family member, relative or relation (father, mother, child, sibling, aunt, uncle, grandparent, adult responsible for a child, guardian) of an applicant who is an unaccompanied minor (Article 8)
Probative evidence
- — written confirmation of the information by the other Member State;
- — extracts from registers;
- — residence permits issued to the family member;
- — evidence that the persons are related, if available;
- — failing this, and if necessary, a DNA or blood test.
2. Legal residence in a Member State of a family member recognised as beneficiary of international protection (Article 9)
Probative evidence
- — written confirmation of the information by the other Member State;
- — extracts from registers;
- — residence permits issued to the individual with refugee or subsidiary protection status;
- — evidence that the persons are related, if available;
- — consent of the persons concerned.
3. Presence of a family member applying for international protection whose application has not yet been the subject of a first decision regarding the substance in a Member State (Article 10)
Probative evidence
- — written confirmation of the information by the other Member State;
- — extracts from registers;
- — temporary residence authorisations issued to the individual while the application is being examined;
- — evidence that the persons are related, if available;
- — failing this, if necessary, a DNA or blood test;
- — consent of the persons concerned.
4. Valid residence documents (Article 12(1) and (3) or residence documents which expired less than 2 years previously [and date of entry into force] (Article 12(4))
Probative evidence
- — residence document;
- — extracts from the register of aliens or similar registers;
- — reports/confirmation of the information by the Member State which issued the residence document.
5. Valid visas (Article 12(2) and (3)) and visas which expired less than 6 months previously [and date of entry into force] (Article 12(4))
Probative evidence
- — visa issued (valid or expired, as appropriate);
- — extracts from the register of aliens or similar registers;
- — positive match (hit) transmitted by the VIS in accordance with Article 21 of Regulation (EC) No 767/2008;
- — reports/confirmation of the information by the Member State which issued the visa.
6. Legal entry into the territory at an external frontier (Article 14)
Probative evidence
- — entry stamp in a passport;
- — exit stamp from a country bordering on a Member State, bearing in mind the route taken by the applicant and the date the frontier was crossed;
- — tickets conclusively establishing entry at an external frontier;
- — entry stamp or similar endorsement in passport.
7. Illegal entry at an external frontier (Article 13(1))
Probative evidence
- — positive match by Eurodac from a comparison of the fingerprints of the applicant with fingerprints taken pursuant to Article 14 of the “Eurodac” Regulation;
- — entry stamp in a forged or falsified passport;
- — exit stamp from a country bordering on a Member State, bearing in mind the route taken by the applicant and the date the frontier was crossed;
- — tickets conclusively establishing entry at an external frontier;
- — entry stamp or similar endorsement in passport.
8. Residence in a Member State for at least five months (Article 13(2))
Probative evidence
- — residence authorisations issued while the application for a residence permit is being examined;
- — requests to leave the territory or expulsion order issued on dates at least five months apart or that have not been enforced;
- — extracts from the records of hospitals, prisons, detention centres.
9. Departure from the territory of the Member States (Article 19(2))
Probative evidence
- — exit stamp;
- — extracts from third-country registers (substantiating residence);
- — tickets conclusively establishing departure from or entry at an external frontier;
- — report/confirmation by the Member State from which the applicant left the territory of the Member States;
- — stamp of third country bordering on a Member State, bearing in mind the route taken by the applicant and the date the frontier was crossed.
II. Obligation on the Member State responsible for examining the application to re-admit or take back the applicant
1. Process of determining the Member State responsible is under way in the Member State where the application was lodged (Article 20(5))
Probative evidence
- — positive match by Eurodac from a comparison of the fingerprints of the applicant with fingerprints taken pursuant to Article 9 of the “Eurodac” Regulation;
- — form submitted by the applicant;
- — official report drawn up by the authorities;
- — fingerprints taken in connection with an application;
- — extracts from relevant registers and files;
- — written report by the authorities attesting that an application has been made.
2. Application is under examination or was lodged previously (Article 18(1)(b)(c) and (d))
Probative evidence
- — positive match by Eurodac from a comparison of the fingerprints of the applicant with fingerprints taken pursuant to Article 9 of the “Eurodac” Regulation;
- — form submitted by the applicant;
- — official report drawn up by the authorities;
- — fingerprints taken in connection with an application;
- — extracts from relevant registers and files;
- — written report by the authorities attesting that an application has been made.
3. Departure from the territory of the Member States (Articles 20(5) and 19(2))
Probative evidence
- — exit stamp;
- — extracts from third-country registers (substantiating residence);
- — exit stamp from a third country bordering on a Member State, bearing in mind the route taken by the applicant and the date on which the frontier was crossed;
- — written proof from the authorities that the alien has actually been expelled.
4. Expulsion from the territory of the Member States (Article 19(3))
Probative evidence
- — written proof from the authorities that the alien has actually been expelled;
- — exit stamp;
- — confirmation of the information regarding expulsion by the third country.
LIST B
CIRCUMSTANTIAL EVIDENCE
I. Process of determining the State responsible for examining an application for international protection
1. Presence of a family member (father, mother, guardian) of an applicant who is an unaccompanied minor (Article 8)
Indicative evidence
- — verifiable information from the applicant;
- — statements by the family members concerned;
- — reports/confirmation of the information by an international organisation, such as UNHCR.
2. Legal residence in a Member State of a family member recognised as having refugee or international protection status (Article 9)
Indicative evidence
- — verifiable information from the applicant;
- — reports/confirmation of the information by an international organisation, such as UNHCR.
3. Presence of a family member applying for international protection whose application has not yet been the subject of a first decision regarding the substance in a Member State (Article 10)
Indicative evidence
- — verifiable information from the applicant;
- — reports/confirmation of the information by an international organisation, such as UNHCR.
4. Valid residence documents (Article 12(1) and (3)) or residence documents which expired less than 2 years previously [and date of entry into force] (Article 12(4))
Indicative evidence
- — detailed and verifiable statements by the applicant;
- — reports/confirmation of the information by an international organisation, such as UNHCR;
- — reports/confirmation of the information by the Member State which did not issue the residence permit;
- — reports/confirmation of the information by family members, travelling companions, etc.;
5. Valid visas (Article 12(2) and (3)) and visas which expired less than 6 months previously [and date of entry into force] (Article 12(4))
Indicative evidence
- — detailed and verifiable statements by the applicant;
- — reports/confirmation of the information by an international organisation, such as UNHCR;
- — reports/confirmation of the information by the Member State which did not issue the residence permit;
- — reports/confirmation of the information by family members, travelling companions, etc.;
6. Legal entry into the territory at an external frontier (Article 14)
Indicative evidence
- — detailed and verifiable statements by the applicant;
- — reports/confirmation of the information by an international organisation, such as UNHCR;
- — reports/confirmation of the information by another Member State or third country;
- — reports/confirmation of the information by family members, travelling companions, etc.;
- — fingerprints, except in cases where the authorities decided to take fingerprints when the alien crossed the external frontier.
In such cases, they constitute probative evidence as defined in list A;
- — tickets;
- — hotel bills;
- — entry cards for public or private institutions in the Member States;
- — appointment cards for doctors, dentists, etc.;
- — information showing that the applicant has used the services of a travel agency;
- — other circumstantial evidence of the same kind.
7. Illegal entry into the territory at an external frontier (Article 13(1))
Indicative evidence
- — detailed and verifiable statements by the applicant;
- — reports/confirmation of the information by an international organisation, such as UNHCR;
- — reports/confirmation of the information by another Member State or third country;
- — reports/confirmation of the information by family members, travelling companions, etc.;
- — fingerprints, except in cases where the authorities decided to take fingerprints when the alien crossed the external frontier.
In such cases, they constitute probative evidence as defined in list A;
- — tickets;
- — hotel bills;
- — entry cards for public or private institutions in the Member States;
- — appointment cards for doctors, dentists, etc.;
- — information showing that the applicant has used the services of a courier or a travel agency;
- — other circumstantial evidence of the same kind.
8. Residence in a Member State for at least five months (Article 13(2))
Indicative evidence
- — detailed and verifiable statements by the applicant;
- — reports/confirmation of the information by an international organisation, such as UNHCR;
- — reports/confirmation of the information by a non-governmental organisation, such as an organisation providing accommodation for those in need;
- — reports/confirmation of the information by family members, travelling companions, etc.;
- — fingerprints;
- — tickets;
- — hotel bills;
- — entry cards for public or private institutions in the Member States;
- — appointment cards for doctors, dentists, etc.;
- — information showing that the applicant has used the services of a courier or a travel agency;
- — other circumstantial evidence of the same kind.
9. Departure from the territory of the Member States (Article 19(2))
Indicative evidence
- — detailed and verifiable statements by the applicant;
- — reports/confirmation of the information by an international organisation, such as UNHCR;
- — reports/confirmation of the information by another Member State;
- — re Article (19(2)): exit stamp where the applicant concerned has left the territory of the Member States for a period of at least 3 months;
- — reports/confirmation of the information by family members, travelling companions, etc.;
- — fingerprints, except in cases where the authorities decided to take fingerprints when the alien crossed the external frontier.
In such cases, they constitute probative evidence as defined in list A;
- — tickets;
- — hotel bills;
- — appointment cards for doctors, dentists, etc. in a third country;
- — information showing that the applicant has used the services of a courier or a travel agency;
- — other circumstantial evidence of the same kind.
II. Obligation on the Member State responsible for examining the application for international protection to re-admit or take back the applicant
1. Process of determining the Member State responsible is under way in the Member State where the application was lodged (Article 20(5))
Indicative evidence
- — verifiable statements by the applicant;
- — reports/confirmation of the information by an international organisation, such as UNHCR;
- — reports/confirmation of the information by family members, travelling companions, etc.;
- — reports/confirmation of the information by another Member State.
2. Application for international protection is under examination or was lodged previously (Article 18(1)(b)(c)(d))
Indicative evidence
- — verifiable statements by the applicant;
- — reports/confirmation of the information by an international organisation, such as UNHCR;
- — reports/confirmation of the information by another Member State.
3. Departure from the territory of the Member States (Articles 20(5) and 19(2))
Indicative evidence
- — detailed and verifiable statements by the applicant;
- — reports/confirmation of the information by an international organisation, such as UNHCR;
- — reports/confirmation of the information by another Member State;
- — exit stamp where the applicant concerned has left the territory of the Member States for a period of at least three months;
- — reports/confirmation of the information by family members, travelling companions, etc.;
- — fingerprints, except in cases where the authorities decided to take fingerprints when the alien crossed the external frontier.
In such cases, they constitute probative evidence as defined in list A;
- — tickets;
- — hotel bills;
- — appointment cards for doctors, dentists, etc. in a third country;
- — information showing that the applicant has used the services of a courier or a travel agency;
- — other circumstantial evidence of the same kind.
4. Expulsion from the territory of the Member States (Article 19(3))
Indicative evidence
- — verifiable statements by the applicant;
- — reports/confirmation of the information by an international organisation, such as UNHCR;
- — exit stamp where the applicant concerned has left the territory of the Member States for a period of at least three months;
- — reports/confirmation of the information by family members, travelling companions, etc.;
- — fingerprints, except in cases where the authorities decided to take fingerprints when the alien crossed the external frontier.
In such cases, they constitute probative evidence as defined in list A;
- — tickets;
- — hotel bills;
- — appointment cards for doctors, dentists, etc.;
- — information showing that the applicant has used the services of a courier or a travel agency;
- — other circumstantial evidence of the same kind.
‘ANNEX III
STANDARD FORM FOR REQUEST FOR TAKING BACK
Request for taking back presented on the basis of the following Article of Regulation (EU) No 604/2013:
Article 20(5) (process of determining the Member State responsible is under way in the Member State where the application was lodged):
Article 18(1)(b) (applicant made an application in another Member State or is in another Member State without a residence document, while application is under examination in the Member State responsible):
Article 18(1)(c) (third country national or stateless person has made an application or is in another Member State without a residence document after withdrawing his/her application in the Member State responsible):
Article 18(1)(d) (third country national or stateless person has made an application or is in the Member State without a residence document and his application has been rejected in the Member State responsible):
Eurodac data:
Eurodac No: …
Reply requested urgently:
No later than: …
Reason for urgency: …
File number
Personal particulars of applicant
- Surname (*)
Maiden name
- Forename(s)
- Does the applicant use/has he/she used other names?
Yes
No
What are/were they?
- Date of birth
- Place of birth
District/region
Country
- Nationality(ies)
(indicate all)
a) current
b) previous
c) none/stateless
- Sex
Male
Female
- Name of father
- Name of mother
- Marital status
Single
Married
Widowed
Divorced
Cohabitee
(*) In block capitals
Photo
- Date of the application in the requesting country, of the Eurodac hit, or on which the requesting Member State became aware that the requested Member State may be responsible for the person concerned, as applicable
Previous procedures
- Has the applicant ever previously applied for international protection or recognition of refugee status in the country of residence or in another country?
Yes
No
When and where?
Was any decision taken on the application?
No
Don’t know
Yes, application rejected
When was the decision taken
- Does the applicant state that he left the territory of the Member States?
Yes
No
If yes:
Date of departure: …
Date of return: …
Which country(ies) did he go to?
Travel route:
- Documents submitted by the applicant
Please enclose a list:
Other useful information:
‘ANNEX IV
Specimen laissez-passer for transfer of applicants for international protection
LAISSEZ-PASSER
Reference No (*):
Issued pursuant to Article 29(1) of Regulation (EU) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States (1) by a third-country national or stateless person.
Valid only for transfer from … (2) to … (3), with the applicant required to present him/herself at … (4) by … (5)
Issued at: …
SURNAME: …
FORENAMES: …
PLACE AND DATE OF BIRTH: …
NATIONALITY: …
Date of issue …
For the Ministry for the Interior: …
SEAL
The bearer of this laissez-passer has been identified by the authorities … (6) (7).
This document is issued pursuant to Article 29(1) of Regulation (EU) No 604/2013 only and cannot under any circumstances be regarded as equivalent to a travel document permitting the external frontier to be crossed or to a document proving the individual’s identity.
(*) Reference number to be given by the country from which the transfer takes place.
(1) NB: The words ‘Member States’ include Iceland, Norway, Switzerland and Liechtenstein.
(2) Member State from which transferred.
(3) Member State to which transferred.
(4) Place where the applicant has to present him/herself upon arrival in the Member State responsible.
(5) Deadline by which the applicant has to present him/herself upon arrival in the Member State responsible.
(6) On the basis of the following travel or identity documents presented to the authorities.
(7) On the basis of a statement by the asylum applicant or of documents other than a travel or identity document.
Photo
‘ANNEX V
REQUEST FOR INFORMATION PURSUANT TO ARTICLE 34 OF REGULATION (EU) No 604/2013
Date: / /
Reference No: …
Individual concerned:
Surname: …
Forename: …
Date of birth: …
Place of birth: …
Nationality: …
Indicative evidence enclosed:
Yes:
No:
(please specify)
This request for information concerns:
residence document:
appeal:
travel document:
decision:
visa:
expulsion:
application for international protection:
other:
Details: …
‘ANNEX VI
STANDARD FORM FOR THE TRANSFER OF DATA PRIOR TO A TRANSFER PURSUANT TO ARTICLE 31(4) OF REGULATION (EU) No 604/2013
Date (DD/MM/YY):
Transferring Member State:
Ref. number in the transferring Member State:
Responsible Member State:
Ref. number in the responsible Member State:
Data identifying the person to be transferred:
Family name: (if different in the responsible Member State please specify )
First name: (if different in the responsible Member State please specify )
Alias: (if different in the responsible Member State please specify )
Date and place of birth:
Nationality(ies):
Sex: M/F
Timeframe regarding the transfer:
Within six months of acceptance of the request;
Within six months of a decision on an appeal with suspensive effect; please indicate the date when the final decision on appeal or review was issued
Within one year of acceptance of the request, due to imprisonment of the person;
Within 18 months of acceptance of the request, due to absconding of the person.
Data regarding the transfer:
Type of transfer:
Voluntary transfer
By supervised departure
Under escort ; if possible, please provide details of the escort (name, function etc.)
Proposed date of the transfer (DD/MM/YY):
Means used to transfer the person to the responsible Member State:
By car (please provide specific details )
By train (please provide specific details )
By plane (please provide specific details )
Other (please mention which and provide specific details)
Location on the territory (1) of the responsible Member State where the person will be reporting to or handed over to the authorities:
(1) The expression “on the territory” covers both border points and internal territory, and both situations of escorted transfers (which may be limited to the border point) and situations of voluntary transfers (where the person is reporting to the asylum authorities inside the territory as well). The rules on the division of costs between the sending and receiving Member States are those stipulated in Regulation (EU) No 604/2013, Article 30.
Foreseen date and time of arrival in the responsible Member State:
The person to be transferred will be in possession of:
a laissez-passer;
other travel document; please indicate type and reference number
Documents the person will be carrying:
Other data regarding the person to be transferred:
Where the person travels with family:
Spouse; please provide name, age and reference numbers, if applicable
Children; please provide name, age and reference numbers, if applicable
Any other relative; please specify the relation, and provide the name, age and reference numbers, if applicable
Assistance needed upon arrival, other than health-related:
Contact details of family members, relatives and other family relations in the responsible Member State:
Languages spoken by the person(s) transferred:
If accompanying minors, provide, where possible, information on the level of education of the minors:
Health condition of the person(s) to be transferred:
All persons to be transferred appear fit to travel;
One or more persons to be transferred has/have health related concerns; in this case, please provide the name(s) and reference numbers of that/those person(s) and specify if corresponding health certificate(s) is/are attached:
yes;
no, the person is physically or legally incapable of giving consent and no vital interests of the applicant or of another person can be affected;
no, the person refused to consent to transmitting his/her health data.
Any other relevant information on the person(s) to be transferred:
‘ANNEX VII
STANDARD FORM FOR EXCHANGE OF INFORMATION ON THE CHILD, SIBLING OR PARENT OF AN APPLICANT IN SITUATIONS OF DEPENDENCY PURSUANT TO ARTICLE 16(4) OF REGULATION (EU) No 604/2013
PART A
DATA TO BE FILLED BY THE REQUESTING MEMBER STATE
Date (DD/MM/YY):
Ref. number:
Requesting Member State:
Requested Member State(s):
Data regarding the applicant:
Family name:
First name:
Date and place of birth (declared or documented by the applicant):
In the absence of that, age declared by the applicant:
Nationality(ies):
Sex: M/F
Proposed date for receiving a reply:
Information allowing to identify and locate the person possibly found on the territory of the requested Member State:
presumed relationship with the applicant:
child
sibling
parent
personal details of the child, sibling or parent:
Family name:
First name:
Date and place of birth:
Nationality(ies) (present and former):
Sex: M /F
Address in the requested Member State:
Please attach any photographic evidence which might be helpful in identifying the child, sibling or parent.
Photographic evidence annexed (if any).
claimed relationship of dependence:
the applicant claims to be dependent on the person;
the person claims to be dependent on the applicant.
type of dependence:
pregnancy
new-born child
serious illness
severe disability
old age
Any other comments:
PART B
DATA TO BE FILLED BY THE REQUESTED MEMBER STATE
Ref. number:
Information requested:
Concerning the presence of the person on the territory of the requested Member State, please specify:
Person was not found;
If the person mentioned above is legally resident in the requested Member State:
Yes
No
in an on-going procedure for obtaining legal residence (additional information: )
Any other situation (please mention which):
Where the person was identified and/or located, please provide:
First name:
Family name:
Date and place of birth:
Nationality:
Contact details: address, telephone number, etc.:
Any other information enabling to identify or locate the person (photographs, statements, administrative information, etc.)
In situations where a child, sibling or parent is (are) identified as legally resident(s) in the requested Member State:
Declared relationship with the applicant:
Please specify, following inquiry, the presumed nature of the relationship of the person identified with the applicant:
Please provide information on the type of data used to establish the relation (e.g. administrative certificates or other types of official documents found in the possession of the person)
Where applicable, presumed capacity of the person to take care of the applicant:
The person does not seem capable of taking care of the applicant
The person seems capable of taking care of the applicant
In the latter case, please provide preliminary information concerning any or all of the following aspects:
Basic evidence of material capacity to take care of the applicant (financial information, employment information, social security information, etc.) — please attach documentation;
Evidence of capacity to take care of the applicant (the person expresses desire in writing to take care of the applicant, the person seems socially and psychologically appropriate to take care of the applicant, the person already took care of the applicant in the past, etc.) — please attach written consent.
If applicable, name and contact details of public authority, representative services, NGO or IGO who were involved in identifying and locating the person, assessing the degree of relationship or in evaluating the capacity to take care of the applicant and that could be contacted by medical/social services in the requesting Member State
Any other comments:
‘ANNEX VIII
STANDARD FORM FOR THE EXCHANGE OF INFORMATION ON THE FAMILY, SIBLINGS OR RELATIVES OF AN UNACCOMPANIED CHILD IN A DUBLIN PROCEDURE PURSUANT TO ARTICLE 6(5) OF REGULATION (EU) No 604/2013
PART A
DATA TO BE FILLED BY THE REQUESTING MEMBER STATE
Date (DD/MM/YY):
Ref. number:
Requesting Member State:
Requested Member State(s):
Data regarding the child:
Family name:
First name:
Date of birth as documented:
In the absence of that, age declared by the child:
Place of birth:
Age assessment made by the requesting MS:
Yes; please specify the method used for the assessment and the result;
No
Nationality(ies) or country of habitual residence, if considered stateless:
Sex: M /F
Proposed date for receiving a reply (1):
Reasons for the request for information (please tick any of the following boxes, as appropriate):
Information provided by the child: (please indicate briefly the content of the information helpful for the identification of the parent, sibling or relative)
The views of the child, [with regard to future care], in line with Article 6 of the Regulation
Information provided by another person traveling with the child: (please indicate the nature of the relation of this person to the child and briefly describe the content of the information helpful for the identification of the parent, sibling or relative);
Information provided through the representative: (please indicate briefly the content of the information helpful for the identification of the parent, sibling or relative);
Information provided via child protection channels/Red Cross/UNHCR/ICRC/other NGO or IGO: (please indicate which organisation and briefly describe the content of the information helpful for the identification of the parent, sibling or relative).
Concerning the identity of the following person possibly found on the territory of the requested Member State:
Family name:
First name:
Nationality(ies)
Sex: M /F
Contact details, if known (address, telephone number, as applicable):
Any other information allowing to locate the person in the requested Member State:
(1) The four weeks proposed deadline will be included in the relevant article of the implementing regulation.
Presumed relationship with the child:
parent
adult responsible
sibling
aunt/uncle
grandparent
any other family relation, not defined by the Regulation (please specify: )
Please attach any photographic evidence provided, which might be helpful in identifying the person concerned.
Photographic evidence annexed
Any other comments:
PART B
DATA TO BE FILLED BY THE REQUESTED MEMBER STATE
Ref. number:
Concerning the presence of the person on the territory of the requested Member State, please specify:
Person was not found;
Person was found; in this case, please provide:
Family name:
First name:
Date and place of birth:
Nationality:
Contact details, if known (address, telephone number, as applicable):
Any other information locating the person:
If the person mentioned above is legally present on the territory of the requested Member State:
Yes
No
in an on-going procedure for obtaining legal residence (additional information: )
Any other situation (please mention which):
If “yes”, under which status (please tick one or more of the following boxes, as applicable):
applicant for international protection
beneficiary of international protection
with short term visa
with residence permit or long stay visa
in a procedure for obtaining a residence permit
In prison (please specify the reason for this, the start of and length of imprisonment )
any other legal status (please specify )
If the person is present on the territory of the requested Member State with an irregular status:
In a return procedure
In prison (please specify the reason, the start of and length of imprisonment )
In detention (please specify the start of and length of detention period )
Any other situation (please mention which):
If the person is no longer present on the territory of the requested Member State:
Date of departure
(please provide date of return DD/MM/YY)
Person absconded
(please provide approximate date of absconding DD/MM/YY )
Any other situation (please specify)
If possible, in case whereabouts of the person are known, please provide contact details: address, telephone number, etc.
Any other information enabling to identify or locate the person (photographs, statements, administrative information, etc.)
If the requested Member State is or has been aware of the presence of family members or relatives, but no longer is aware of its whereabouts, please specify the circumstances of this presence
In situations where the person/persons mentioned above is/are present on the territory of the requested Member State:
Relationship of the person with the child:
Please specify, following inquiry, the presumed nature of the relationship of the person identified with the child:
Please provide information on the type of data used to establish the relation (e.g. administrative certificates or other types of official documents found in the possession of the person)
Presumed capacity of the person to take care of the child:
The person does not seem capable of taking care of the child
The person seems capable of taking care of the child
In the latter case, please provide preliminary indication concerning any or all of the following aspects:
Material evidence of capacity to take care of the child (financial information, employment information, social security information, etc.)
Evidence of capacity to take care of the child (the person wishes to take care of the child, the person seems socially and psychologically apt to take care of the child, the person already took care of the child in the past, etc.)
If applicable, name and contact details of public authority, representative services, NGO or IGO who were involved in identifying and locating the person, assessing the degree of relationship or in evaluating the capacity to take care of the child and that could be contacted by similar services in the requesting Member State
Any other comments or relevant information:
Attachments (where appropriate):
‘ANNEX IX
STANDARD FORM FOR EXCHANGE OF HEALTH DATA PRIOR TO A DUBLIN TRANSFER PURSUANT TO ARTICLE 32(1) OF REGULATION (EU) No 604/2013
(Common health certificate)
Date (DD/MM/YY):
Transferring Member State:
Ref. number in the transferring Member State:
Responsible Member State:
Ref. number in the responsible Member State:
Data identifying the person transferred:
Family name:
First name:
Date and place of birth:
Nationality(ies):
Sex: M /F
Information regarding the transfer:
Type of transfer:
Voluntary transfer;
By supervised departure;
Under escort.
Means used to transfer the person to the responsible Member State:
By car
By train
By plane
Other (please mention which and provide specific details )
I. Information provided by the transferring Member State
General evaluation of the person’s health:
Disabled
Elderly
Pregnant
Minor
Victim of torture or other form of physical violence
Victim of rape or other form of sexual violence
Victim of psychological violence
Suffering from a psychiatric condition
Suffering from any other condition that requires medical help
Please specify whether the evaluation was based on the person’s self-assessment or provided by a medical staff:
Medical diagnosis (if applicable):
If applicable, specify the treatment: and medication used
Duration of treatment (where known): from ; to
Specify whether treatment needs to continue upon arrival in the responsible Member State: until
Type of medical follow-up needed in the future (if known and considered necessary)
II. Information relevant during the transfer
The person is accompanied/assisted during the transfer:
By medical doctor
By medical assistant
By a security personnel
Unaccompanied
If the person is accompanied, please provide details on the accompanying staff:
Medical intervention/assistance required during the transfer:
Yes which:
No
If the person is subject to medication which might influence/alter the state of the person during transfer:
Yes which:
No
Special needs during the transfer:
III. Considerations to be taken into account upon arrival
Medical assistance or assistance for special needs required upon arrival:
Yes, which: ;
No
IV. Explicit consent of the person transferred or of his/her representative for the transmission of the health information:
Yes, by person concerned
Yes, by representative of the person concerned
The person is physically incapable of giving consent; please specify, in line with Article 32(2) of Regulation (EU) No 604/2013, which vital interests could be affected
The person is legally incapable of giving consent; please specify, in line with Article 32(2) of Regulation (EU) No 604/2013, which vital interests could be affected
Any other comments:
‘ANNEX X
PART A
INFORMATION ABOUT THE DUBLIN REGULATION FOR APPLICANTS FOR INTERNATIONAL PROTECTION PURSUANT TO ARTICLE 4 OF REGULATION (EU) No 604/2013 9
You have asked us to protect you because you consider that you have been forced to leave your own country due to persecution, war or risk of serious harm. The law calls this an “application/request for international protection” and you – an “applicant”. People seeking protection are often referred to as “asylum seekers”.
The fact that you asked for asylum here does not guarantee that we will examine your request here. The country that will examine your request is determined through a process established by a European Union law known as the “Dublin” Regulation. According to this law, only one country is responsible for examining your request.
This law is applied throughout a geographical region which includes 32 countries 10. For the purpose of this leaflet, we are calling these 32 countries “Dublin countries”.
If there is anything in this leaflet that you do not understand, please ask our authorities.
Before your request for asylum can be considered, we need to establish whether we are responsible to examine it or whether another country is responsible – we call this a “Dublin procedure”. The Dublin procedure will not concern your reason for applying for asylum. It will only deal with the question of which country is responsible for making a decision on your application for asylum.
| — | How long will it take to decide which country will consider my application? | |
| --- | --- | --- |
| — | How long will it be before my application is examined? |
If our authorities decide that we are responsible for deciding on your application for asylum, this means that you may remain in this country and have your application examined here. The process of examining your application will then start immediately.
If we decide that another country is responsible for your application, we will seek to send you to that country as soon as possible so that your application can be considered there. The entire duration of the Dublin procedure, until you are transferred to that country may, under normal circumstances, take up to 11 months. Your asylum request will then be examined in the responsible country. This time frame could be different if you hide from the authorities, are imprisoned or detained, or if you appeal the transfer decision. If you are in one of these situations, you will receive specific information, informing you about which time frame applies to you. If you are detained, you will be informed of the reasons for detention and the legal remedies available to you.
| — | How is the country responsible for my application decided? |
The law sets out various reasons why a country may be responsible for examining your request. These reasons are considered in the order of importance by the law, starting from whether you have a family member present in that Dublin country; whether you now or in the past have had a visa or a residence permit issued by a Dublin country; or whether you have travelled to, or through, another Dublin country, either legally or irregularly.
It is important that you inform us as soon as possible if you have family members in another Dublin country. If your husband, wife or child is an applicant for asylum or has been granted international protection in another Dublin country, that country could be responsible for examining your asylum application.
We may decide to examine your application in this country, even if such examination is not our responsibility under the criteria laid down in the Dublin Regulation. We will not send you to a country where it is established that your human rights could be violated.
| — | What if I don’t want to go to another country? |
You have the possibility to say that you disagree with a decision to be sent to another Dublin country, and may challenge that decision in front of a court or tribunal. You can also ask to remain in this country until your appeal or review is decided.
If you abandon your application for asylum and you move to another Dublin country, you are likely to be transferred back to this country or to the country responsible.
It is therefore important that once you apply for asylum, you stay here until we decide 1) who is responsible for the examination of your asylum request and/or 2) to examine your asylum request in this country.
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